Download Introduction to the Problems of Legal Theory: A Translation by Hans Kelsen PDF

By Hans Kelsen

ISBN-10: 0198255683

ISBN-13: 9780198255680

ISBN-10: 0198265654

ISBN-13: 9780198265658

One of many best felony philosophers of this century, Kelsen released this brief treatise in 1934, whilst the neo-Kantian impression on his paintings used to be at its zenith. An past, "constructivist" part were displaced by means of his attempt to supply anything approximating a neo-Kantian starting place for his idea. If this moment section represents the natural concept of legislations in its so much attribute shape, then the current treatise may be its vital textual content. And of Kelsen's many statements of the natural idea, this one is definitely the main obtainable. issues coated contain the felony norm and Kelsen's normativity thesis, legislation and morality, the function of ideology, the concept that of the felony individual, criminal interpretation, the identification of legislation and kingdom, and the speculation of overseas legislation. one of the appendices is an annotated bibliography of secondary literature on Kelsen.

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Extra info for Introduction to the Problems of Legal Theory: A Translation of the First Edition of the Reine Rechtslehre or Pure Theory of Law

Example text

For instance, capacity to marry is governed by the law of each party’s ante-nuptial domicile (that is, the dual-domicile rule), and the formal validity of a marriage is governed by the law of the place where the marriage was celebrated. A problem of characterisation will arise if it is doubtful whether a certain rule of the domicile of one party is an issue of capacity, in which case the dual-domicile rule will apply, or whether it is an issue of formal validity, in which case it will not apply.

In this case, the issue involved a classification of a foreign rule, but what if it relates to an English rule? Leroux v Brown (1852) illustrates the process applied to an English rule. The case concerned an oral agreement made in France between a French employee and an English employer whereby the former was to work in France for a period longer than a year. This oral contract was governed by French law, under which the contract was formally and essentially valid. The employee brought an action in the English court to enforce the contract.

Elkhorn was a member of a syndicate of reinsurers which wrote business through the agency of ST and Co. In 1983, Elkhorn was sold, and as part of the arrangements surrounding the sale, the business through ST and Co was transferred to the plaintiff DR. The contracts, subject of the dispute, were written in the London market. In 1986, the defendants wished to pursue claims under these reinsurance contracts, but DR declined to accept liability. In 1993, they attempted to commence arbitration against DR in Nebraska, but DR was successful in obtaining a declaration from the district court, in 1995, that the arbitration agreements were void as being contrary to the public policy of Nebraska.

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