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Law as InstitutionThe Normativist View

Law as Institution: The Normativist View [Chapter 2 concludes the first part of the book by considering an alternative view about the relationship between power and law. Here the main approach discussed is Hans Kelsen’s “pure theory”. As a matter of fact, Kelsen presents his own theory as a solution to the controversy, in so far as power is reconceptualised as an order of rules, a legal order, or more simply as “law”. In this sense, the opposition between law and power dissolves. However, such dissolution is only apparent, since on the one side the law is conceived as based on coercion and facticity and on the other hand whatever effective law is ennobled as “valid” system of law.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Law as InstitutionThe Normativist View

Part of the Law and Philosophy Library Book Series (volume 90)
La Torre, Massimo
Law as Institution — Aug 10, 2010
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Publisher
Springer Netherlands
Copyright
© Springer Science+Business Media B.V. 2010
ISBN
978-1-4020-6606-1
Pages
25 –57
DOI
10.1007/978-1-4020-6607-8_2
Publisher site
See Chapter on Publisher Site

Abstract

[Chapter 2 concludes the first part of the book by considering an alternative view about the relationship between power and law. Here the main approach discussed is Hans Kelsen’s “pure theory”. As a matter of fact, Kelsen presents his own theory as a solution to the controversy, in so far as power is reconceptualised as an order of rules, a legal order, or more simply as “law”. In this sense, the opposition between law and power dissolves. However, such dissolution is only apparent, since on the one side the law is conceived as based on coercion and facticity and on the other hand whatever effective law is ennobled as “valid” system of law.]

Published: Aug 10, 2010

Keywords: Political Power; Legal Order; Legal Norm; Normative Order; Normative Conception

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