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General Theory of Law and State (Law & Society Series)

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Hans Kelsen (1881-1973) is, for most of jurists, the most important legal theorist in 20st Century. Born in Prague, he lived and worked in Austria (till 1930), from then on -due to the political circumstances- in Germany (1930-1933), french Switzerland (1933-1940) and the USA (1940-1973).

His main work is the famous "Pure Theory of Law" (1934), a formalistic and structural scheme for interpret modern legal systems.

Throughout his long and prolific life, across the three different legal traditions (german, french and anglosaxon) in wich he lived, taught and wrote, he published a large number of articles and books.

The General Theory of Law and State (GTLS) marks a special phase in his carreer, because it symbolizes not a mere translation of his Pure Theory, but a true american version of it, because for the first time he confronts with the english and american legal tradition.

For those who knows the german version of his Pure Theory, will found the GTLS es a wider and clearer explanation of its main thesis.

From the father of Positivism, this book explores the true nature of the norm and the role it plays in relation to state and society. Excellent analysis of positivist normativity.

You should also consider reading The Pure Theory of Law, by Kelsen, as well as books by Rawls, Nozick, MacIntyre, and Posner.

This book rediscovers the most important elements of Law, provinding Neo-Kantian theory aplied to Law and State. Altough, it is one of the most important law books written in the 20th Century, one must prior have read "The Pure Theory of law" in order to come about to a thorough understanding of this manificent pice of art. It has been heavilly criticized by those who follow "The Naturist Theory" and mostly by dogmatic waves, including the Catholic Church, for it proves that relativism refers to Democracy and Republic, and dogmaticism referes to Dictatorship.