How Merkl's Stufenbaulehre Informs Kelsen's Concept of Law
How Merkl's Stufenbaulehre informs Kelsen's concept of law. For many reasons, it seems that Kelsen's legal theory uses two competing concepts of law, one turning on coercion, the later concept reflecting the process of law creation. But this is not the case. Actually the two concepts...
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| Format: | Article |
| Language: | English |
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Klub Revus - Centre for Studies on Democracy and European Constitutionality
2013
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4770987 |
| Source: | Revus: Journal for constitutional theory and philosophy of law, ISSN 1855-7112, Nº. 21, 2013 (Ejemplar dedicado a: Les juristes et la hiérarchie des normes), pags. 29-45 |
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| Summary: |
How Merkl's Stufenbaulehre informs Kelsen's concept of law. For many reasons, it seems
that Kelsen's legal theory uses two competing concepts of law, one turning on coercion,
the later concept reflecting the process of law creation. But this is not the case. Actually
the two concepts are incorporated into a single concept of law. Here we face with two
points of view which are combined in a single concept of law that reflects both process
and coercion. In such an enterprise, the Stufenbaulehre and the conceptual machinery
that can be drawn from it is central to our understanding of Kelsen's concept of law. |
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