Search for dissertations about: "Kelsen"

Found 2 swedish dissertations containing the word Kelsen.

2. 1. Why Grundnorm? A Treatise on the Implications of Kelsen's Doctrine

   Author : Uta Bindreiter; Juridiska institutionen; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; recognition; Pure Theory; presupposition; precedence; norm hierarchy; norm conflict; membership; legal ‘ought’ ; Grundnorm; direct applicability; Basic norm; bindingness; validity.; Philosophy of law; theory of law; Rättsfilosofi; rättsteori;

   Abstract : The treatise is concerned with the source-—the “Grund”--of the bindingness of law. I contend, first, that the “presupposition” of the basic norm, on a certain reading of Kelsen’s doctrine, can be understood as constituting a normative source of positive law, and, secondly, that this reading of Kelsen admits of addressing the issue of the (formal) legitimacy of supra-national and “directly applicable” rules and other norms. READ MORE

4. 2. The Policy of Law : A Legal Theoretical Framework

   Author : Mauro Zamboni; Jes Bjarup; Bruce Anderson; Stockholms universitet; []
   Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; law-making; politics; policy; jurisprudence; law; Jurisprudence; Allmän rättslära;

   Abstract : This work aims at framing, from a normative perspective, a field in which to locate one of the means of allowing politics to become law: the policy of law. The first part is devoted to the exploration of the relationship between law and politics as considered by major current schools of legal theory, such as legal positivism (Kelsen), analytical jurisprudence (Hart), Finnis’ natural law theory, American and Scandinavian legal realism, Critical Legal Studies and Law and Economics. READ MORE