A Pure Theory of the Republic constitutes the first positive theory of a republican state. It lays the foundation of a true political science and explains how collective freedom may be institutionally guaranteed. This illuminating book promises to be a landmark in political thought for centuries to come.

A Pure Theory of the Republic constitutes the first positive theory of a republican state. It lays the foundation of a true political science and explains how collective freedom may be institutionally guaranteed. This illuminating book promises to be a landmark in political thought for centuries to come.

I LAW AND NATURE i. The "Pure" Theory The Pure Theory of Law is a theory of positive law. It is a theory of positive law in general, not of a specific legal ...

The essence and basic methods of the pure theory -- The state and the law -- Law and its "others" : natural law, morality and social policy -- Constitution and normative hierarchy -- The basic norm and efficacy of the legal system -- The rule of law -- Conclusion -- Index.

Oakeshott’s theory of poetry was a pure theory. But it was so pure a theory it emptied out most of what we would normally mean by poetry, it ignored the history of poetry in extracting a meaning out of it, and it left to one side most of the questions about poetry which are of interest to poets, critics or indeed anyone. This chapter places Oakeshott’s theory of poetry in the context of theories of poetry from Aristotle (...) through Johnson, Wordsworth and Shelley through to figures as varied as Wittgenstein, Leavis, Eliot and Auden in order to suggest that Oakeshott theory was, as a theory of poetry, a provocation, and, as a theory of something undoubtedly worth thinking about, not a theory of poetry at all. (shrink)

The author builds a realistic theory of democracy to end the false idea that corruption, state crime, and public immorality are democracy's products, not the natural and inevitable fruits of oligarchic regimes. Important theories of the state and constitution exist, but none can be called a theory of democracy.

This book is a critique of rationalism. It aims to explain both its powerful contributions to mathematics and physical sciences, where our arithmetical, geometrical, and mechanical intuitions have had a highly productive role in the development of pure theory, and its disastrous failures in cosmology and the moral sciences. In these supposed sciences, rationalism has all but destroyed the social conscience of the West, by creating the disastrous political philosophy of neoliberalism. To reset our moral compasses, we must develop (...) new, and socially just versions, of the old welfare states. And, to restore democracy, we must return to Keynesian economic management" -- back cover. (shrink)

:The ideal of public justification holds, at a minimum, that the most fundamental political and legal institutions of a society must be publicly justified to each of its members. This essay proposes and defends a new account of this ideal. The account defended construes public justification as an ideal of rational justification, one that is grounded in the moral requirement to respect the rational agency of persons. The essay distinguishes two kinds of justifying reasons that bear on politics and shows (...) how they inform the ideal of public justification. It also decouples public justification from contractualist political morality. The result is a novel account of public justification that departs markedly from how the ideal is commonly characterized, but shows how it retains its distinctiveness as an ideal of politics. View HTML Send article to KindleTo send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.THE PURE THEORY OF PUBLIC JUSTIFICATIONVolume 32, Issue 2Steven Wall DOI: https://doi.org/10.1017/S0265052516000170Your Kindle email address Please provide your Kindle email.@free.kindle.com@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. THE PURE THEORY OF PUBLIC JUSTIFICATIONVolume 32, Issue 2Steven Wall DOI: https://doi.org/10.1017/S0265052516000170Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. THE PURE THEORY OF PUBLIC JUSTIFICATIONVolume 32, Issue 2Steven Wall DOI: https://doi.org/10.1017/S0265052516000170Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

It is good to have this fine English translation of the second German edition of Kelsen's Reine Rechtslehre, which has heavily influenced so much contemporary thought on jurisprudence and the philosophy of law. Reading Kelsen now one is struck by the stilted and naïve positivism that pervades his thought. At the same time, one is also impressed by the clarity that he brings to what is normally a very muddled area. There is a bold statement of the "pure" theory, (...) a sharp distinction between the legal and the moral orders, a reiteration of the "dualism" of the is and the ought, and a defense of legal norms as the object of the science of law. While Kelsen's quasi-dogmatic pronouncements can provoke disagreements at almost every stage of his argument, the book is certainly one which must be directly encountered by any serious student of the philosophy and theory of law.—R. J. B. (shrink)

Most contemporary legal philosophers tend to take force to be an accessory to the law. According to this prevalent view the law primarily consists of a series of demands made on us; force, conversely, comes into play only when these demands fail to be satisfied. This book claims that this model should be jettisoned in favour of a radically different one: according to the proposed view, force is not an accessory to the law but rather its attribute. The law is (...) not simply a set of rules incidentally guaranteed by force, but it should be understood as essentially rules about force. The book explores in detail the nature of this claim and develops its corollaries. It then provides an overview of the contemporary jurisprudential debates relating to force and violence, and defends its claims against well-known counter-arguments by Hart, Raz and others. This book offers an innovative insight into the concept of Pure Theory. In contrast to what was claimed by Hans Kelsen, the most eminent contributor to this theory, the author argues that the core insight of the Pure Theory is not to be found in the concept of a basic norm, or in the supposed absence of a conceptual relation between law and morality, but rather in the fundamental and comprehensive reformulation of how to model the functioning of the law intended as an ordering of force and violence. (shrink)

In this article, I provide Urquhart-style semilattice semantics for three connexive logics in an implication-negation language (I call these “pure theories of connexive implication”). The systems semantically characterized include the implication-negation fragment of a connexive logic of Wansing, a relevant connexive logic recently developed proof-theoretically by Francez, and an intermediate system that is novel to this article. Simple proofs of soundness and completeness are given and the semantics is used to establish various facts about the systems (e.g., that (...) two of the systems have the variable sharing property). I emphasize the intuitive content of the semantics and discuss how natural informational considerations underly each of the examined systems. (shrink)

Three paradigms of legal positivism -- The pure theory of law : science or political theory? -- Kelsen's principles of legality -- Kelsen's theory of democracy : reconciliation with social order -- Democratic constitutionalism : Kelsen's theory of constitutional review -- Kelsen's legal cosmopolitanism -- Conclusions : the pure theory of law and contemporary positivism.

Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised (...) by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself. (shrink)

Authority qua empowerment is the weak reading of authority in Hans Kelsen's writings. On the one hand, this reading appears to be unresponsive to the problem of authority as we know it from the tradition. On the other hand, it squares with legal positivism. Is Kelsen a legal positivist?Not without qualification. For he defends a normativity thesis along with the separation thesis, and it is at any rate arguable that the normativity thesis mandates a stronger reading of authority than that (...) modelled on empowerment. I offer, in the paper, a prima facie case on behalf of a stronger reading of authority in Kelsen. I go on to argue, however, that the textual evidence weighs heavily in favour of the weak reading. Both nomostatics and nomodynamics are pervasive points of view in the Pure Theory of Law, and both reflect species of empowerment as the endpoint of Kelsen's reconstructions. (shrink)

The author builds a realistic theory of democracy to end the false idea that corruption, state crime, and public immorality are democracy's products, not the natural and inevitable fruits of oligarchic regimes. Important theories of the state and constitution exist, but none can be called a theory of democracy.

This short paper addresses a well‐known difficulty in the Pure Theory of Law: the definition of a legal wrong. Kelsen was unable to offer a suitable one, critics say. I agree. But the critics misdiagnosed the problem, and prescribed for it a fruitless solution. The reason for Kelsen’s failure, the critics say, was that he thought the law consists only of sanction‐stipulating norms addressed to officials, and does not comprise duty‐imposing norms addressed to citizens. But the critics are wrong, (...) exegetically as well as substantively. Kelsen did not—and indeed could not—deny that there are such duty‐imposing norms; and it is not the case, in any event, that the admission that there are such norms would enable us to explain the notion of a legal wrong. Kelsen failed to provide an adequate characterization of the notion of a legal wrong, yes, but for a different reason. (shrink)

Hans Kelsen is considered to be one of the foremost legal theorists and philosophers of the twentieth century. His writing made an important contribution to many areas, especially those of legal theory and international law. Over a number of decades, he developed an important legal theory which found its first complete exposition in Reine Rechtslehre, or Pure Theory of Law, the first edition of which was published in Vienna in 1934. This is the first English translation of that work. (...) It covers such topics as law and morality, the legal system and its hierarchical structure, the identity of law and state, and international law. (shrink)

The objective of the article is to present Hans Kelsen’s basic norm concept that allows the combination of the two relevant dimensions in relation to juridical science, namely the positivity and validity of law. The role of the concept of basic norm is presented by the author of the Reine Rechtslehre with reference to Kant as a concept enabling formulation of an answer to the question “To what extent is it possible to interpret certain facts as objectively valid legal norms?” (...) The epistemological problem of the object of cognition of juridical science is connected with the issue of normativity. According to Kelsen, only the assumption of a certain nonpositive hypothetical norm regulating the legislation of norms of a given system enables normative interpretation of certain facts. The basic norm authorizes the way of issuing norms, yet not their content. The structure of the legal order creates a hierarchical system in which the higher category norms delegate the law-making power to create the lower category norms. The legal system creates a dynamic system of norms. (shrink)

Volume 10, Issue 1, March 2019, Page 118-120.

The term “ideology” can cover almost any set of ideas, but its power to bewitch political activists results from its strange logic. It is part philosophy, part science, and part spiritual revelation, all tied together in leading to a remarkable paradox—that the modern Western world, beneath its liberal appearance, is actually the most systematically oppressive system of despotism the world has ever seen. In Alien Powers, Kenneth Minogue takes this complex intellectual construction apart, analyzing its logical, rhetorical, and psychological devices, (...) and thus opening it up to critical analysis. This new, ISI Books’ Background edition of Alien Powers includes a new introduction to the text by Martyn P. Thompson and critical essays on the text by political theorist Paul Gottfried and philosopher Stephen A. Erickson. (shrink)

Originally published in 1977, this book is a companion to Professor Morishima's book Marx's Economics which was published in 1973. As he did so successfully with Marx, Morishima intended with this book to change the standard assessment of his subject's contribution to the development of economic thought. The standard view was that Walras provided, in the second half of the nineteenth century, the basis for general equilibrium theory. He was thus regarded as a microeconomist, a founder of marginalism; but Morishima (...) argues that, while Walras certainly made important contributions in that area, it is his attempt to build a macroeconomics on that foundation that should be regarded as his main achievement. This book will provoke great interest amongst all economists and advanced students of economic theory and its history. (shrink)

Some important ideas in Kelsen's Pure Theory of Law can be traced back to Kantian tradition, which has been very influential in Kelsen's thought, particularly in his early period. Among them we find the distinction between two radically different worlds (the world of facts and the world of norms), the normativity of legal science and the idea of validity as a binding force, based on the famous doctrine of the basic norm. These tenets and, especially, the use of a (...) normative concept of validity prove to be incompatible with Kelsen's positivistic programme of a value‐free legal science. The science of law cannot state that legal norms are obligatory or binding without trespassing the limits of Kelsen's ideal of a legal science; on the other hand, it is possible to define the concept of a legal system without resorting to the basic norm. So, if Kelsen is to be regarded as a consequent positivist, the Kantian ingredients of his theory must be rejected and the descriptive concept of validity as membership must be substituted for the normative notion of validity as a binding force. (shrink)

Deleuze argued that a fundamental mutation in the concept of time occurred in Kant. In antiquity, the concept of time was subordinated to the concept of movement: time was a ‘measure’ of movement. In Kant, this relation is inverted: time is no longer subordinated to movement but assumes an autonomy of its own: time becomes "the pure and empty form" of everything that moves and changes. What is essential in the theory of time is not the distinction between objective (...) ‘clock time’ (or physical time) and the subjective experience of ‘time consciousness,’ since both of them measure movements, whether the movement of extensive objects or intensive states. What is fundamental is rather the relation between time and movement, since time can only assume its own concept when it ceases to be subordinate to movement, whether that movement is objective or subjective. This article examines how Kant inverted the relation between time and movement, and how Deleuze’s own theory of time builds on Kant’s revolution and extends it further. (shrink)

Authority qua empowerment is theweak reading of authority in Hans Kelsen's writings.On the one hand, this reading appears to beunresponsive to the problem of authority as we know itfrom the tradition. On the other hand, it squares withlegal positivism. Is Kelsen a legal positivist?Not without qualification. For he defends anormativity thesis along with the separation thesis,and it is at any rate arguable that the normativitythesis mandates a stronger reading of authority thanthat modelled on empowerment. I offer, in the paper,a prima (...) facie case on behalf of a stronger reading ofauthority in Kelsen. I go on to argue, however, thatthe textual evidence weighs heavily in favour of theweak reading. Both nomostatics and nomodynamics arepervasive points of view in the Pure Theory of Law,and both reflect species of empowerment as theendpoint of Kelsen's reconstructions. (shrink)

In the first part I argue that Buddhism and Hinduism can be unified by a Pure Consciousness thesis, which says that the nature of ultimate reality is an unconditioned and pure consciousness and that the phenomenal world is a mere appearance of pure consciousness. In the second part I argue that the Pure Consciousness thesis can be supported by an argument from quantum physics. According to our best scientific theories, the fundamental nature of reality consists (...) of quantum fields, and it seems that quantum fields have merely particle-like appearances—particles seem to be mere epiphenomena. This interpretation can be generalized. There appear to be individual entities, small and large, and their ontological reality is precisely what it appears to be—they are mere appearances. (shrink)