Действителността на правото в нормативистката теория на Ханс Келзен
The Reality of Law in Hans Kelsen’s Normative Theory
Author(s): Nikolay AlexandrovSubject(s): Philosophy, Law, Constitution, Jurisprudence, Special Branches of Philosophy, Philosophy of Law, Philosophy of Law
Published by: Институт по философия и социология при БАН
Keywords: law; normativism; Kantianism; neopositivism; jurisprudence; morality; justice; constitution; international law
Summary/Abstract: The article is devoted to a number of key topics and problems of the normative theory of the Austrian jurist and philosopher Hans Kelsen. In order to expand the ideas about the nature of his teaching, the text indicates the reasons for the development of the pure theory of law, which, in the opinion of the Austrian scholar, should be freed from those areas of knowledge that have no direct relation to jurisprudence. In this regard, it is explained that Kelsen seeks to consider law by analogy with Kant's thing-in-itself, i.e., in complete theoretical isolation, justifying this approach with the self-sufficiency of law in its normative form. In addition to these issues, this text examines the Austrian scholar's views on morality, justice, the constitution, the state, and international law in the context of the normative theory. The article also points out the weaknesses and contradictions in Hans Kelsen's teaching.
Journal: Философски алтернативи
- Issue Year: XXXV/2026
- Issue No: 5
- Page Range: 30-41
- Page Count: 12
- Language: Bulgarian
- Content File-PDF
