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Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence

Part of the Law and Philosophy Library Book Series (volume 116)

Editors: Telman, D.A. Jeremy

DOI: 10.1007/978-3-319-33130-0

ISBN: 978-3-319-33128-7

Publisher: Springer International Publishing - Springer Journals

Aug 27, 2016

1 - 10 of 18 Chapters

Available

Introduction: Hans Kelsen for Americans

Telman, D. A. Jeremy

Pages: 1 –13

[This chapter introduces readers to the chapters to follow by introducing them to the major theoretical themes of Kelsen’s work. After a quick review of Kelsen’s biography and the reception of his work in United States, the chapter moves on to a discussion of significant aspects of: the pure...
Available

Kelsen in the United States: Still Misunderstood

Bix, Brian H.

Pages: 17 –29

[In American legal philosophy—even if one narrows one’s focus to careful consideration of the sub-category, American analytical legal philosophy—the ideas of Hans Kelsen are generally ignored. And on the rare occasions when Kelsen’s ideas are not ignored, they are almost always discussed quickly,...
Available

Marmor’s Kelsen

Green, Michael S.

Pages: 31 –55

[Andrei Marmor’s reading of Kelsen in his book Philosophy of Law (2011) exemplifies American and Anglophone interpretations, which see Kelsen as failing to consistently offer a pure theory of law. I argue that Marmor misreads Kelsen in three ways, each of which makes it appear as if Kelsen...
Available

The Kelsen-Hart Debate: Hart’s Critique of Kelsen’s Legal Monism Reconsidered

Vinx, Lars

Pages: 59 –83

[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’s pure theory of law. This paper challenges the criticism of Kelsen’s monism in the work of H.L.A....
Available

Peace and Global Justice through Prosecuting the Crime of Aggression? Kelsen and Morgenthau on the Nuremberg Trials and the International Judicial Function

von Bernstorff, Jochen

Pages: 85 –99

[Hans Kelsen’s and Hans Morgenthau’s views on international law diverged sharply. Nowhere is that divergence more striking than in their positions on the role of judicial bodies. While Kelsen held a strong international court to be indispensable in order to pacify international relations,...
Available

Hans Kelsen, The Second World War and the U.S. Government

Olechowski, Thomas

Pages: 101 –112

[In 1944 and 1945, Hans Kelsen worked as a legal advisor for two federal institutions of the United States, namely the Foreign Economic Administration and the Judge Advocate General of the U.S. Army. He participated in several meetings and wrote a number of memoranda concerning international law....
Available

Arriving at Justice by a Process of Elimination: Hans Kelsen and Leo Strauss

Lefort, Elisabeth

Pages: 115 –133

[The aim of this paper is to compare two authors: Hans Kelsen and Leo Strauss. More specifically, it will compare Kelsen’s “What is Justice?”—his Farewell Lecture given at Berkeley in 1952—and Leo Strauss’s Natural Right and History—one of the main works on political philosophy published in...
Available

Kelsen and Niebuhr on Democracy

Rice, Daniel F.

Pages: 135 –159

[This chapter focuses on the diverging views Hans Kelsen and Reinhold Niebuhr held with respect to the relationship of religion and democracy. Kelsen leveled his criticism of Niebuhr in his essay on the “Foundations of Democracy” published in the October 1955 issue of the journal Ethics....
Available

Hans Kelsen’s Psychoanalytic Heritage—An Ehrenzweigian Reconstruction

Rentsch, Bettina K.

Pages: 161 –174

[American legal scholarship has constantly challenged Hans Kelsen’s jurisprudence. However, the skepticism has motivated his defense of the pure theory of law’s alleged substantial and explanatory gaps. The following chapter analyzes and categorizes some of the arguments Kelsen develops in his...
Available

A Morally Enlightened Positivism? Kelsen and Habermas on the Democratic Roots of Validity in Municipal and International Law

Ingram, David

Pages: 175 –213

[A commonplace misconception identifies Kelsen as a one-dimensional legal positivist and Habermas as a one-dimensional legal moralist. I argue, on the contrary, that both theorists defend a complex normative conception of democratic proceduralism that straddles the positivism/naturalism divide. I...

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