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  1. (1 other version)Hans Kelsen's normativist reductionism.Enrico Pattaro - 2008 - Ratio Juris 21 (2):268-280.
    Abstract. This paper discusses Kelsen's attempt at reducing the concept of subjektives Recht (what is subjectively right) to that of objektives Recht (what is objectively right). This attempt fails, it is argued, because in Kelsen's theory the concept of subjektives Recht survives concealed within the concept of individual norm (individuelle Norm), a norm that, pace Kelsen, is not a case of what is objectively right (objektives Recht) but is precisely what is subjectively right (subjektives Recht): We could call it "what (...)
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  • Explaining normativity.Stephen P. Turner - 2007 - Philosophy of the Social Sciences 37 (1):57-73.
    In this reply, I raise some questions about the account of "normativity" given by Joseph Rouse. I discuss the historical form of disputes over normativity in such thinkers as Kelsen and show that the standard issue with these accounts is over the question of whether there is anything added to the normal stream of explanation by the problem of normativity. I suggest that Rouse’s attempt to avoid the issues that arise with substantive explanatory theories of practices of the kind criticized (...)
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  • The Place of Form in the Fundamentals of Law.Robert S. Summers - 2001 - Ratio Juris 14 (1):106-129.
    The author explains that there is scope for a general theory about the nature and place of form in the fundamentals of law. Form organizes the institutions, rules and other varieties of law, and the system as a whole. All such constructs have nonā€formal elements, too, but form unifies each construct and provides its criteria of identity. Appropriate form makes a system of law possible. It also tends to beget good content in the law. It is indispensable to the basic (...)
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