The pure theory of law : problems and perspectives
This thesis is an analysis of Hans Kelsen's Pure Theory of Law. It traces its development in critical reaction to natural law theory and to Kant in particular. It then defends the Pure Theory on the basis of presuppositions uncovered in its development. It further defends the Theory in the ligh...
| Main Author: | |
|---|---|
| Published: |
University of Leicester
1978
|
| Subjects: | |
| Online Access: | http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.459648 |
| Summary: | This thesis is an analysis of Hans Kelsen's Pure Theory of Law. It traces its development in critical reaction to natural law theory and to Kant in particular. It then defends the Pure Theory on the basis of presuppositions uncovered in its development. It further defends the Theory in the light of the major debates in jurisprudence of recent years. Certain specific problems are identified in the Theory and closely examined, including a discussion of its use in the Rhodesian Constitutional Cases. Finally, the conclusion attempts some assessment of the validity of the presuppositions on which the Theory is based. |
|---|