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- Kelsens Theorie der Rechtserkenntnis
Kelsens Theorie der Rechtserkenntnis
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»Kelsen's theory of legal cognition. Simultaneously a critical reflection on the positivity as a property of law«
This work develops a critical analysis of Kelsen's theory of legal cognition. The main elements of this theory are presented in connection with Kelsen's conception of a legal norm as the objective sense of an act of will. It is argued that in some situations Kelsen's theory of legal cognition requires the exclusion of the positivity as an requirement for the existence of a valid legal norm in order to be able to offer an explanation of the legal nature of some phenomena.
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