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Why Grundnorm?: A Treatise on the Implications of Kelsen's Doctrine (Law and Philosophy Library) [Hardcover]

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Item description for Why Grundnorm?: A Treatise on the Implications of Kelsen's Doctrine (Law and Philosophy Library) by Uta Bindreiter...

Who presupposes Kelsen's basic norm? Is it possible to defend the presupposition in a way that is convincing? And what difference does the presupposition make? Endeavouring to highlight the role of basic assumptions in the law, the author argues that the verb "to presuppose', with Kelsen, has not only a conceptual but also a normative dimension; and that the expression 'presupposing the basic norm'is adequate in so far as it marks the descriptive-normative nature of utterances made in specifically legal speech-situations.
Addressed to legal theorists in general, the treatise purports to show that Kelsen's doctrine lends itself to an interpretation according to which the very act of "presupposing" the Grundnorm can be understood as a Grund, i.e. normative source of all positive law; and, what is more, that this interpretation admits of addressing the issue of the (formal) legitimacy of supra-national and directly applicable rules and other norms.



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Item Specifications...


Studio: Springer
Pages   334
Est. Packaging Dimensions:   Length: 1" Width: 6.75" Height: 9.75"
Weight:   1.2 lbs.
Binding  Hardcover
Release Date   Dec 31, 2002
Publisher   Springer
ISBN  9041118675  
ISBN13  9789041118677  


Availability  103 units.
Availability accurate as of May 28, 2017 04:39.
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1Books > Subjects > Law > Constitutional Law > Constitutional Law
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8Books > Subjects > Professional & Technical > Law > Constitutional Law
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