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Domesticating Kelsen
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Domesticating Kelsen

Towards the Pure Theory of English Law

9781788111416 Edward Elgar Publishing
Alexander Orakhelashvili, Reader, School of Law, University of Birmingham, UK
Publication Date: 2019 ISBN: 978 1 78811 141 6 Extent: 224 pp
There exists a genuine degree of scepticism as to whether Hans Kelsen’s pure theory of law can rationalise the intricacies of the English legal system. This ground-breaking book examines pertinent aspects of English law relating to constitutional patterns of law-making, the relationship between law and policy, and the ultimate efficacy of the legal order, through the pure theory’s prism. It demonstrates that while Kelsen’s theory is highly suitable to examine some of these issues, in relation to some aspects of English law it actually possesses the analytical cutting edge.

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There exists a genuine degree of scepticism as to whether Hans Kelsen’s pure theory of law can rationalise the intricacies of the English legal system. This groundbreaking book examines pertinent aspects of English law relating to constitutional patterns of law-making, the relationship between law and policy, and the ultimate efficacy of the legal order, through the pure theory’s prism.

This insightful book demonstrates that Kelsen’s theory is highly suitable to examine some of these issues, and in some aspects of English law it actually possesses the analytical cutting edge. Beginning with an overview of the outlook and methodology of the pure theory of law and placing it within the broader focus of positive scholarship, Orakhelashvili moves on to offer a description of the relationship between methods of the legal theory and the workings of a legal system, along with assessments of the relationship between law and policy in legal theory and in judicial practice, and of criticisms of the pure theory.

Thoughtful and perceptive, this book will be valuable reading for legal scholars, social scientists, judges, practicing lawyers, legal historians, political scientists, and law students.
Contents
Contents: 1. The Essence and Basic Methods of the Pure Theory 2. The State and the Law 3. Law and its “Others”: Natural Law, Morality and Social Policy 4. Constitution and Normative Hierarchy 5. The Basic Norm and Efficacy of the Legal System 6. The Rule of Law Conclusion Index

This title is available for institutional purchase via Elgaronline.

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