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Academic

: Legal Theory Blog

Kammerhofer on Kelsen & International Legal Theory

By Lawrence Solum

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Jörg Kammerhofer (University of Erlangen-Nuremberg, Department of Law) has posted Hans Kelsen?s Place in International Legal Theory (RESEARCH HANDBOOK IN INTERNATIONAL LEGAL THEORY, Alexander Orakhelashvili, ed., Forthcoming) on SSRN. Here is the abstract:

This paper seeks to apply the Pure Theory of Law to some of the current problems of international law and thus to endow that theory with a new usefulness that Kelsen is not usually accorded by current international legal scholarship. Another goal of this paper is to get away from a gut-reaction against Kelsen and to avoid the stigma that is associated with his name in legal theory. This can be achieved by re-engaging with the Pure Theory without placing undue emphasis on polemic defence or attack and by thoroughly ?modernising? the topics discussed.The Pure Theory of Law will be applied a-contextually and a-historically to problems of practice.The focus will lie in how the Pure Theory of Law - as theoretical approach connected with, but not restricted to, Hans Kelsen?s writings - can be used for some of today?s theoretical challenges.

Full post as published by Legal Theory Blog on January 15, 2010 (boomark / email).