We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Kelsen's Development of theFehlerkalkül-Theory.
- Authors
KLETZER, CHRISTOPH
- Abstract
In this article the author follows the argumentative ascent of the Vienna School of Legal Positivism, and especially of Hans Kelsen, as concerns the intellectual topos of“law contrary to law.” The issues dealt with feature under various headings—albeit always prominently—in the national schools of legal theory. What distinguishes the Viennese approach is the extraordinary generality and height of abstraction it has reached and that facilitates the unification of most disparate legal phenomena. The intention of the article is threefold: firstly, to bring the important, albeit mostly maltreated theory of theFehlerkalkül(“error-calculus”) into the light of theoretical attention; secondly, to demonstrate Kelsen's method of developing legal philosophy only given concrete problems of the positive law and its theory; finally, to deal with criticism.
- Subjects
KELSEN, Hans, 1881-1973; PHILOSOPHERS; LEGAL positivism; POSITIVISM; CRITICISM (Philosophy); CRITICAL theory; PHILOSOPHY
- Publication
Ratio Juris, 2005, Vol 18, Issue 1, p46
- ISSN
0952-1917
- Publication type
Article
- DOI
10.1111/j.1467-9337.2005.00285.x