WebLegal Statements and Normative Language. Duarte D'Almeida Luís - 2011 - Law and Philosophy 30 (2):167-199. Kelsen et la probleme Des universelles: ... Kelsen's Pallid Normativity. James W. Harris - 1996 - Ratio Juris 9 (1):94-117. Add more citations. References found in this work. No references found. Add more references. Web“Doctrine can exist—the formalist says or assumes—because of a contrast between the more determinate rationality of legal analysis and the less determinate rationality of ideological contests. This thesis can be restated as the belief that law making and law application differ fundamentally, as long as legislation is seen to be guided only by the …
Kelsen and Hart on the Normativity of Law - Academia.edu
WebClick on the article title to read more. WebThe legal system is not a system of co-ordinate norms, found at one and the same level. Rather, it is a hierarchical structure of superordinate and subordinate legal norms, whose reciprocal relations are illuminated by the structural analysis undertaken by the Pure Theory of Law. The enquiry into the hierarchical structure of the legal system has significant … purohityam
Ratio Juris: Vol 9, No 1 - Wiley Online Library
Webmore than a ‘‘pallid normativity’’,6 perhaps even a ‘‘value-nihilism’’,7 or does it have formal but important and worthy value implications? Are there—besides the ‘basic norm’—merely real … WebMar 1, 1996 · Semantic Scholar extracted view of "Kelsen's Pallid Normativity" by J. Harris. Skip to search form Skip to main content Skip to account menu. Semantic Scholar's Logo. … WebAug 27, 2016 · The normative system that is law, with its foundational norm, is necessarily separate from the normative system of a particular religion or a particular (conventional or theological) moral system. This analytical claim in no way contradicts or forecloses the observation that lawmakers are often influenced by the content of other normative … purnima january 2023