Domesticating Kelsen
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Domesticating Kelsen

Towards the Pure Theory of English Law

Alexander Orakhelashvili

There exists a genuine degree of scepticism as to whether Hans Kelsen’s pure theory of law can rationalise the intricacies of the English legal system. This ground-breaking book examines pertinent aspects of English law relating to constitutional patterns of law-making, the relationship between law and policy, and the ultimate efficacy of the legal order, through the pure theory’s prism. It demonstrates that while Kelsen’s theory is highly suitable to examine some of these issues, in relation to some aspects of English law it actually possesses the analytical cutting edge.
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Chapter 2: The state and the law

Alexander Orakhelashvili

Abstract

Chapter 2 addresses the relationship between the State and the law from the perspective of positivist methodology. Legal theory before Kelsen had not tackled this matter from the purely legal point of view, and instead jurisprudence in that area was little more than an extension of social and political sciences. Kelsen streamlines the identity between the State and the law in order to delimit the focus of his positivist theory.

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