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Why Grundnorm? : A Treatise on the Implications of Kelsens Doctrine

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Author:Bindreiter, Uta
Date of Publication: 2010
Book classification:Law,English Books
No. of pages:264 Pages
Format:Paperback

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Who presupposes Kelsens 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 normis adequate in so far as it marks the descriptive-normative nature of utterances made in specifically legal speech-situations.
Addressed to legal theorists in general, the treatise purports to show that Kelsens 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 supra-national and directly applicable rules and other norms.
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SKU9789048184729
Manufacturer Number9789048184729
year published2010
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