The nature of G. Kelsen's legal views
Bibliographic Data
| ID | 22150034 |
|---|---|
| Authors | Vladimir Sergeevich Gorban (0000-0002-8054-2605), Vladimir Sergeevich Gruzdev (0000-0002-4029-8679) |
| Year | 2023 |
| Issue | 11 |
| Pages | 91-100 |
| Publication date | 2023-11-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Право и политика (JOURNAL) |
| Journal identifiers | ISSN: 2454-0706 • E-ISSN: 2454-0706 |
| Publisher | Aurora Group, s.r.o (PUBLISHER) |
| DOI | 10.7256/2454-0706.2023.11.68818 |
| OpenAlex | W4388997370 |
| Language | EN |
| References cited | 2 |
The article examines the legal ideas of the Austrian lawyer H. Kelsen, which became a significant milestone in the history of legal thought in the second half of the twentieth century and remain relevant for the modern theory of state and law. The interest in H. Kelsen's ideas is conditioned by both substantive moments and reasons related to ensuring a proper understanding of the nature and place of his legal teaching in the history of political and legal thought. Along with the scientific and cognitive significance of his work for the modern theory of state and law, it is nevertheless accompanied by numerous inaccuracies, ideological distortions and falsifications. The article shows that the research of H. Kelsen only continues the long tradition of "pure" teachings on law, largely reproduces the previously known and quite popular ideas of their predecessors. It is not at all a source for the modern theory of law, as is often stated in the scientific literature, but only demonstrates the possibilities of a certain development of legal understanding and ways of knowing law based on a combination of the traditions of Kantianism ("pure doctrines of law"), neo-positivism, interpretation as an explicit problem of philosophy. The research methodology is based on special methods of studying political and legal doctrines, including source analysis, linguistic analysis of foreign texts, comparison
Black letter law · Comparative law · Empirical legal studies · Epistemology · Ideology · Jurisprudence · Legal formalism · Legal history · Legal positivism · Legal profession · Legal realism · Legal science · Philosophy of law · Political science · Politics · Positivism · Private law · Sociology · Law · Law and Political Science · Philosophy
| Citation velocity | historical |
|---|---|
| Highly cited | No |