Hans Kelsen's Normativism

Pure Theory of Law by Hans Kelsen is an example of legal normativism, which originated with Hume's distinction between Is- and Ought-propositions, Kant's practical and theoretical judgments, Lotze and the Baden neo-Kantians' instrumentalization, and Kelsen's advocacy of naive normative realism and a strict will-theory of norms.

Format: Paperback / softback
Length: 75 pages
Publication date: 03 March 2022
Publisher: Cambridge University Press

Pure Theory of Law, penned by Hans Kelsen, stands as a prominent illustration of legal normativism. This text delves into the historical roots and genesis of normativism within the realm of philosophy. The philosophical journey of normativism commenced with Hume's differentiation between Is- and Ought-propositions. Kant further distinguished between practical and theoretical judgments, grounding even the latter in normativity. Building upon Kant's insights, Lotze and the Baden neo-Kantians instrumentalized normativism to establish a realm of knowledge that remained beyond the purview of natural sciences. Even in his early major work, Kelsen asserts that law is solely a matter of Ought or normativity. In the subsequent phase of his writings, he aligns himself with the neo-Kantian tradition, viewing legal norms as Ought-judgments of legal science. In the third phase, he advocates a somewhat coherent form of naive normative realism. In the fourth phase, he complements the realist perspective with a rigorous will-theory of norms, interwoven with insights from linguistic philosophy; classical normativism, in essence, undergoes a dismantling process.

Weight: 140g
Dimension: 151 x 227 x 9 (mm)
ISBN-13: 9781108995221
Edition number: New ed