We found a match
Your institution may have rights to this item. Sign in to continue.
- Title
REFUTAÇÕES À DOUTRINA DE KELSEN: UMA BREVE ANÁLISE.
- Authors
Galvão Santos, Ednan
- Abstract
Hans Kelsen was born in Prague in 1881, and is now worshiped everywhere as one of the most influential jurists ever. Despite the impact of his work, his doctrine on the science of law has been the subject of severe rebuttals. Many of his interpreters understand that these refutations are devoid of congruence. Nevertheless, there are rebuttals that must be taken seriously, because they derive from consistent theses. The object of this article concerns the examination of the plexus of refutations directed to the thought of Hans Kelsen - specifically his Pure Theory of Law - a theme that is relevant because it refers to the author whose positivism established a paradigm that left marks still alive in the way of understanding law. This article is organized in three parts: the first part has an introductory nature and presents the pure theory of law as a typically positivist theory; the second part, dedicated to the development of the central theme, examines the main objections to the pure theory of law; the third section is the conclusion of the article.
- Subjects
POSITIVISM; JURISPRUDENCE; TRANSLATORS; OBJECTIONS (Evidence); WORSHIP
- Publication
Revista Foco (Interdisciplinary Studies Journal), 2023, Vol 16, Issue 3, p1
- ISSN
1981-223X
- Publication type
Article
- DOI
10.54751/revistafoco.v16n3-075