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  1. Social Peace as conditio tacita for the Validity of the Positive Legal Order.Mathijs Notermans - 2015 - Law and Philosophy 34 (2):201-227.
    My article investigates the paradoxical dualism in Kelsen’s Pure Theory of Law, in which exists on the one hand a strict distinction and on the other hand a necessary relation between Is and Ought. I shall further try to answer the question whether Kelsen’s pure theory tacitly assumes in the conditions for validity of the positive legal order a basic value and underlying condition, namely, that of ‘social peace’. In order to answer that question, I will first sketch why Kelsen (...)
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  • Primitive Law.Christoph Kletzer - 2013 - Jurisprudence 4 (2):263-272.
    This paper considers an instance of Ancient Germanic Law in order to open up a new perspective on understanding the nature and functioning of our modern law. The paper claims, along Kelsenian lines, that the law should be understood as an organisation of force and an interpretation of violence. The law orders society by schematising interpretation. The law orders society not by demanding or prohibiting action, but by allowing a certain interpretation of states of affairs, ultimately, the interpretation of violence (...)
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