General Theory of Law and State [Hardcover]

Hans Kelsen (Author), Anders Wedberg (Translator)

Book Description

ISBN-10: 1886363749 | ISBN-13: 978-1886363748 | Publication Date: March 8, 2011

Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law.": Julius Kraft, American Journal of International Law 40 (1946):496. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. He was the author of more than forty books on law and legal philosophy. Active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.

Editorial Reviews

Review

The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law. --Julius Kraft, American Journal of International Law 40 (1946):496 --This text refers to the Paperback edition.

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.

--This text refers to the Paperback edition.

Product Details

• Hardcover: 544 pages
• Publisher: The Lawbook Exchange, Ltd. (March 8, 2011)
• Language: English
• ISBN-10: 1886363749
• ISBN-13: 978-1886363748
• Product Dimensions: 8.8 x 6.2 x 1.6 inches
• Shipping Weight: 2 pounds (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (3 customer reviews)
• Amazon Best Sellers Rank: #1,408,444 in Books (See Top 100 in Books)

More About the Author

Discover books, learn about writers, read author blogs, and more.

Customer Reviews

Most Helpful Customer Reviews

1 of 1 people found the following review helpful:

5.0 out of 5 stars The american Pure Theory of Law, March 18, 2010

By 

Oscar L. Sarlo "O. Sarlo" (Montevideo, Uruguay) - See all my reviews
(REAL NAME)   

Amazon Verified Purchase

This review is from: General Theory of Law And State (Paperback)

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.

4 of 7 people found the following review helpful:

5.0 out of 5 stars Excelent book!, November 26, 1999

By 

"amazonreader" - See all my reviews

This review is from: General Theory of Law and State (Hardcover)

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.

5 of 11 people found the following review helpful:

5.0 out of 5 stars The Corner Stone of Law and State Philosophy, July 13, 1999

By 

[e-mail] (Mexico City) - See all my reviews

This review is from: General Theory of Law and State (Hardcover)

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.