Articles received by April 30 can be published in the first semester, and those received by September 15 can be published in the corresponding second-semester issue.
The path to the Pure Theory of Law. Kelsen’s work in the context of the 19th-century jurisprudence and of neo-kantianism
Authors
Javier Wilenmann von Bernath
Profesor de la Facultad de Derecho de la Universidad Adolfo Ibáñez. LLM Universität Regensburg. Doctor Albert Ludwigs Universität Freiburg. Becario DAAD
The paper describes the influence of the 19th century philosophy of law and of neo-kantianism in Hans Kelsen’s work. Both constitute therefore the context in which Kelsen’s theory is to be understood. Regarding this context, Kelsen’s work can be read as a radicalization of the ideas of both movements in the development of a theory of law untied from problematic metaphysical assumptions rather than as a revolutionary contribution to the development of legal positivism.
Keywords:
theory of law, philosophy of law, neo-kantianism, validity, norm
Wilenmann von Bernath, J. (2015). The path to the Pure Theory of Law. Kelsen’s work in the context of the 19th-century jurisprudence and of neo-kantianism. Revista De Estudios De La Justicia, (20), pp. 35–66. https://doi.org/10.5354/rej.v0i20.36318