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The Normativist View

Chapter
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Part of the Law and Philosophy Library book series (LAPS, volume 90)

Abstract

Chapter 2 concludes the first part of the book by considering an alternative view about the relationship between power and law. Here the main approach discussed is Hans Kelsen’s “pure theory”. As a matter of fact, Kelsen presents his own theory as a solution to the controversy, in so far as power is reconceptualised as an order of rules, a legal order, or more simply as “law”. In this sense, the opposition between law and power dissolves. However, such dissolution is only apparent, since on the one side the law is conceived as based on coercion and facticity and on the other hand whatever effective law is ennobled as “valid” system of law.

Keywords

Political Power Legal Order Legal Norm Normative Order Normative Conception 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer Science+Business Media B.V. 2010

Authors and Affiliations

  1. 1.Università degli Studi “Magna Graecia” di CatanzaroCatanzaroItaly
  2. 2.The University of HullHullUK

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