Kelsens Legacy

This unique volume brings together leading academics and researchers from different legal traditions to discuss the work and impact of Hans Kelsen, the most influential legal philosopher with global reach. Using his Pure Theory of Law and his theory of democracy as a lingua franca, the book allows for dialogues between jurisdictions and legal traditions and serves as a point of departure for further research on several themes such as state, international, and non-state law. The volume covers four themes. The first part focuses on Kelsen''s often overlooked assumptions and the resultant conception of law. The second section refers in particular to Kelsen''s understanding of legal norms and some of its most salient elements and features such as sanction and validity. The third part explores a variety of questions concerning Kelsen''s views on international and non-state law in general and their implications in some jurisdictions. The final section brings Kelsen''s legal and political theory together by assessing its relevance to democracy.>

Préface
This unique volume brings together leading legal academics and researchers from different legal traditions to discuss the work and impact of Hans Kelsen, the most influential legal philosopher with global reach.

Auteur
Jorge Emilio Núñez is Reader in Legal Philosophy (Jurisprudence), Political Philosophy, and International Relations at Manchester Law School, UK. Gonzalo Villa-Rosas is Research Fellow at the Department of Legal and Constitutional History at the Faculty of Law of the University of Vienna, Austria. Jorge Luis Fabra-Zamora is Associate Professor at the University at Buffalo School of Law, State University of New York, USA.

Résumé
This volume offers a comprehensive examination of Hans Kelsen's legal and political philosophy, focusing on four central themes. The first part analyses Kelsen's theory of norms, including its periodisation and concepts of validity and coercion. The second part explores his perspectives on international law, addressing its structural analysis, primitive law characterisation, and teleology. The third part examines Kelsen's theory of democracy, its relationship with the pure theory of law, collective will, and democratisation of the administration. The final part discusses Kelsen's influence on the Vienna School of Legal Theory and its impact on case law and jurisprudence beyond Europe. This collection is essential for scholars and practitioners seeking to understand Kelsen's legacy.

Contenu
Introduction, Stanley L Paulson (Washington University in St Louis, USA) 1. Reading 'Kelsen's Legacy', Gonzalo Villa-Rosas (University of Vienna, Austria) Part I: Legal Norms 2. On Eugenio Bulygin's Kelsen, Stanley L Paulson (University of Kiel, Germany) 3. Hans Kelsen's Concept of the Relative a priori, Robert Alexy (University of Kiel, Germany) 4. Kelsen the Outsider, Iain Stewart (Macquarie Law School, Australia) 5. Varieties of Validity, Carsten Heidemann (Schleswig-Holstein Bar Association, Germany) 6. On Force, Effectiveness, and Law in Kelsen, Julieta A Rabanos (University of Belgrade, Serbia) Part II: International Law 7. The Pure Theory's Nomomechanics and the Structural Analysis of International Law, Jörg Kammerhofer (University of Freiburg, Germany) 8. Kelsen and 'Primitive' International Law: Three Solutions and a Problem, Phil Edwards (Manchester Metropolitan University, UK) 9. The Teleology of Peace and Kelsen's Philosophy of International Law, Tomasz Widlak (University of Gdansk, Poland) Part III: Democracy 10. Hans Kelsen's Normativism, the Theory of Democracy and the Enlightenment Values, Monika Zalewska (University of Lodz, Poland) 11. Hans Kelsen and the Crisis of Democracy, Lars Vinx (University of Cambridge, UK) 12. Kelsen and the Problem of Democratisation of the Administration, Thomas Olechowski (University of Vienna, Austria) Part IV: Kelsen's Legacy 13. 'A Monument More Lasting than Bronze, Higher than the Pyramids' Regal Structures'? The Vienna School of the Pure Theory of Law as the Work and Legacy of Hans Kelsen, Rodrigo Cadore (University of Freiburg, Germany) 14. 'Kelsen in the Grenada Court': Simeon McIntosh's Contribution to the Understanding of Kelsen's Theory of Revolutionary Legality, Asya Ostroukh (University of the West Indies) 15. Hans Kelsen and Soviet Law, Mikhail Antonov (Higher School of Economics, Russia)