State Sovereignty under the Normative Theory of Law of František Weyr (1879–1951) Cover Image

Suwerenność państwa w normatywistycznej teorii prawa Františka Weyra (1879–1951)
State Sovereignty under the Normative Theory of Law of František Weyr (1879–1951)

Author(s): Bartosz Lewandowski
Subject(s): Law, Constitution, Jurisprudence, History of Law, Political history, Recent History (1900 till today)
Published by: Kancelaria Sejmu
Keywords: sovereignty; state; pure theory of law; legal norm; international law; basic norm; Weyr František; Czechoslovakia; Czech Republic

Summary/Abstract: The normative theory of law developed by one of its greatest pre-war supporters, František Weyr,has been the result of a critical analysis of the previously dominant forms of legal research. The Czechphilosopher of law addressed in a polemic manner several assumptions of the so called traditionalstudy of law. He paid much attention, especially, to the concept of the state. Because of the philosophicalfoundations of his theory and his methodological carefulness, Weyr followed a monistic conception of the state and law. This fact determined his specifi capproach to state sovereignty (normativeorder), different from that proposed by Georg Jellinek and Jiři Pražák. The founder’s of theBrno neo Kantian school of law approach to the concept of sovereignty was associated with his supportfor a monistic idea of international law and state law, along with the notion of supremacy of internationallaw. The negation of the sovereignty of the state normative orders lent the Weyr’s theorya pacifi st dimension and contributed to implementation of his political thought.

  • Issue Year: 2016
  • Issue No: 6
  • Page Range: 91-114
  • Page Count: 24
  • Language: Polish