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 5: The basic norm and efficacy of the legal system

Alexander Orakhelashvili

Abstract

Chapter 5 focuses on the basic norm, which has been a concept contested by Kelsen’s opponents. The chapter addresses criticisms of the basic norm, its possible analytical alternatives, and then places it in the context of positivist methodology. After that, the basic norm of the UK legal system is identified and the overall efficacy of this legal system is rationalised in terms of the pure theory.

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