Law and Philosophy 19 (2):131-171 (2000)

Abstract
Authority qua empowerment is theweak reading of authority in Hans Kelsen's writings.On the one hand, this reading appears to beunresponsive to the problem of authority as we know itfrom the tradition. On the other hand, it squares withlegal positivism. Is Kelsen a legal positivist?Not without qualification. For he defends anormativity thesis along with the separation thesis,and it is at any rate arguable that the normativitythesis mandates a stronger reading of authority thanthat modelled on empowerment. I offer, in the paper,a prima facie case on behalf of a stronger reading ofauthority in Kelsen. I go on to argue, however, thatthe textual evidence weighs heavily in favour of theweak reading. Both nomostatics and nomodynamics arepervasive points of view in the Pure Theory of Law,and both reflect species of empowerment as theendpoint of Kelsen's reconstructions.
Keywords Law   Logic   Philosophy of Law   Law Theory/Law Philosophy   Political Science   Social Issues
Categories (categorize this paper)
Reprint years 2004
ISBN(s)
DOI 10.1023/A:1006457907678
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 71,379
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Kelsen's Concept of the Authority of Law.Bruno Celano - 2000 - Law and Philosophy 19 (2):173-199.
Kelsen's Concept of the Authority of Law.Bruno Celano - 2000 - Law and Philosophy 19 (2):173-199.
Authority and Representation.Hans Lindahl - 2000 - Law and Philosophy 19 (2):223-246.
Authority and Representation.Hans Lindahl - 2000 - Law and Philosophy 19 (2):223-246.
Authority and Authorisation.Bert van Roermund - 2000 - Law and Philosophy 19 (2):201-222.
Hans Kelsenʼs Theory of Law.Herbert Schambeck - 2016 - Jurisprudencija: Mokslo darbu žurnalas 23 (2):1283-1294.

Analytics

Added to PP index
2017-02-22

Total views
10 ( #903,420 of 2,519,697 )

Recent downloads (6 months)
1 ( #406,314 of 2,519,697 )

How can I increase my downloads?

Downloads

My notes