Title
Why Grundnorm?: A Treatise on the Implications of Kelsen's Doctrine (Law and Philosophy Library, 58),Used
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Who presupposes Kelsen's basic norm? Is it possible to defend the presupposition in a way that is convincing? And what difference does the presupposition make? Endeavouring to highlight the role of basic assumptions in the law, the author argues that the verb 'to presuppose', with Kelsen, has not only a conceptual but also a normative dimension; and that the expression 'presupposing the basic norm'is adequate in so far as it marks the descriptivenormative nature of utterances made in specifically legal speechsituations.Addressed to legal theorists in general, the treatise purports to show that Kelsen's doctrine lends itself to an interpretation according to which the very act of 'presupposing' the Grundnorm can be understood as a Grund, i.e. normative source of all positive law; and, what is more, that this interpretation admits of addressing the issue of the (formal) legitimacy of supranational and directly applicable rules and other norms.
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Frequently Asked Questions
- Q: What is the main theme of 'Why Grundnorm?' A: The main theme of 'Why Grundnorm?' is the exploration of Kelsen's doctrine and the implications of presupposing the basic norm in legal theory.
- Q: Who is the author of this book? A: The author of 'Why Grundnorm?' is Uta Bindreiter.
- Q: What type of binding does this book have? A: 'Why Grundnorm?' is available in a hardcover binding.
- Q: How many pages are in 'Why Grundnorm?' A: 'Why Grundnorm?' contains a total of 263 pages.
- Q: When was 'Why Grundnorm?' published? A: 'Why Grundnorm?' was published on December 31, 2002.
- Q: What edition of the book is available? A: The available edition of 'Why Grundnorm?' is from the year 2003.
- Q: What audience is 'Why Grundnorm?' intended for? A: 'Why Grundnorm?' is primarily addressed to legal theorists and those interested in legal philosophy.
- Q: What are the key arguments presented in the book? A: The key arguments include the conceptual and normative dimensions of presupposing the basic norm and its implications for the legitimacy of positive law.
- Q: Is 'Why Grundnorm?' suitable for beginners in legal theory? A: While 'Why Grundnorm?' is insightful, it may be more suitable for those with prior knowledge of legal theory due to its complex subject matter.
- Q: What is the significance of the basic norm in Kelsen's doctrine? A: In Kelsen's doctrine, the basic norm serves as a fundamental source of all positive law, influencing the legitimacy of legal systems.