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Kelsen on Validity

Ratio Juris 29 (3):402-409 (2016)

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  1. Kelsen's concept of the authority of law.Bruno Celano - 2000 - Law and Philosophy 19 (2):173-199.
    According to Kelsen, law is a sense content and law has authority. The combination of these two claims appears puzzling. How is it possible for a sense content to have authority? Kelsen's notion of `basic norm' seems to provide an answer to this question. Such an answer, however, simply leads to a new formulation of the question itself. How is a basic norm possible? Kelsen's multiple and tentative answers to this question turn out to be untenable. A different starting point (...)
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  • Kelsen's Concept of the Authority of Law.Bruno Celano - 2000 - Law and Philosophy 19 (2):173-199.
    According to Kelsen, law is a sensecontent and law has authority. The combination ofthese two claims appears puzzling. How is it possiblefor a sense content to have authority? Kelsen's notionof `basic norm' seems to provide an answer to thisquestion. Such an answer, however, simply leads to anew formulation of the question itself. How is a basicnorm possible? Kelsen's multiple and tentative answersto this question turn out to be untenable. A differentstarting point might be provided by Kelsen's notion of`social power'. On (...)
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  • L’esistenza Non È Logica.Roberto Ciuni & Francesco Berto - 2010 - Rivista di Estetica 45.
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