Hans Kelsen in Today's International Legal Scholarship

  title={Hans Kelsen in Today's International Legal Scholarship},
  author={J{\"o}rg Kammerhofer},
Can we call Hans Kelsen’s Pure Theory of Law an example - or even the epitome - of post-modern international legal positivism? The Pure Theory of Law’s radical programme rivals that of many other critical scholarly projects; as a ‘down-to-earth’ critical enterprise, its deconstructive arguments hit orthodox doctrine harder than those of most post-modernists. Moreover, it also contains a constructive side. This chapter first and foremost aims to show that the Pure Theory can be an attractive… Expand
6 Citations
The Kelsen-Hart debate: Hart’s critique of Kelsen’s legal monism reconsidered
Kelsen’s legal monism—the claim that it is impossible for legal science to recognize the existence of more than one legal system—is often held to be one of the least plausible aspects of Kelsen’sExpand
Toleration, Synthesis or Replacement? The ‘Empirical Turn’ and its Consequences for the Science of International Law
Abstract One of the most striking trends in contemporary international law (IL) scholarship is the turn to empirical research methods. Some see this as sign of progress, whereas others call forExpand
New International Legal Positivism: Formalism by Another Name?
This chapter explores the work of Jorg Kammerhofer and Jean d’Aspremont. Through a review of Kammerhofer’s Kelsenian approach to international law and d’Aspremont’s HLA Hart-inspired theory of theExpand
The Purity Thesis
Hans Kelsen’s purity thesis is the basic methodological principle of the Pure Theory of Law. Indeed, it is no exaggeration to say that virtually everything that is peculiar to Kelsen’sExpand
Anarchy, ordering principles and the constitutive regime of the international system
  • M. Helal
  • Political Science
  • Global Constitutionalism
  • 2019
Abstract: Anarchy is the conceptual cornerstone of international relations theory and international law scholarship. Anarchy is described as the ordering principle of the international system, it isExpand