Kelsen in the United States: Still Misunderstood

Research output: Chapter in Book/Report/Conference proceedingChapter

3 Scopus citations

Abstract

In American legal philosophy—even if one narrows one’s focus to careful consideration of the sub-category, American analytical legal philosophy—the ideas of Hans Kelsen are generally ignored. And on the rare occasions when Kelsen’s ideas are not ignored, they are almost always discussed quickly, and, more often than not, erroneously. Part I of this paper gives examples of Kelsen’s works being overlooked, sample misreadings by prominent theorists, and considers some standard explanations for this indifference and ignorance. Part II turns to some more subtle (and controversial) questions of correct and incorrect readings, focusing on Kelsen’s Basic Norm.

Original languageEnglish (US)
Title of host publicationLaw and Philosophy Library
PublisherSpringer Science and Business Media B.V.
Pages17-29
Number of pages13
DOIs
StatePublished - 2016

Publication series

NameLaw and Philosophy Library
Volume116
ISSN (Print)1572-4395
ISSN (Electronic)2215-0315

Bibliographical note

Publisher Copyright:
© 2016, Springer International Publishing Switzerland.

Keywords

  • Basic Norm
  • Legal Philosophy
  • Legal Positivism
  • Legal System
  • Normative System

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