General theory of law and state (20th century legal philosophy series)

ISBN 10: 0846202158 ISBN 13: 9780846202158

Publisher: Russell & Russell

Synopsis

Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law"--within which the study of international law was his special field of work. The present volume, General Theory of Law and State, first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence.

The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries." Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, General Theory of Law and State is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German.

The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.

Hans Kelsen had a distinguished career at a variety of European universities, and in government services, at Vienna, Cologne, the Institut Universitaire des Hautes Etudes in Paris, and then in Prague. He served as legal adviser to the United Nations War Crimes Commission in Washington, D.C. A. Javier Trevio is associate professor of sociology at Wheaton College. He is the author of The Sociology of Law: Classical and Contemporary Perspectives and the editor of Transaction's Law and Society series.

About this title

About the Author

A. Javier Treviño teaches sociology at Wheaton College in Massachusetts and is the editor of the Law and Society series for Transaction Publishers. He is the author or editor of numerous books, including The Sociology of Law; Talcott Parsons on Law and the Legal System; and George C. Homans: History, Theory, and Method. In addition, his work has appeared in theJournal of Classical Sociology, the American Sociologist, andContemporary Justice Review.

Edition details

• Publisher: Russell & Russell
• ISBN 10: 0846202158
• ISBN 13: 9780846202158
• Binding: Textbook Binding
• Language: English
• Number of pages: 516