Kovtonyuk A. Genesis of Hans Kelsen understanding of law

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U000402

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

28-01-2011

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

This thesis studies genesis of law understanding by H. Kelsen and finds out which historical events influenced formation of H. Kelsen understanding of law and how those events influenced creation of famous work by his "Pure" Theory of Law". The thesis also studies doctrinal backgrounds of H. Kelsen understanding of law, namely it is proved that irrespectively of the fact that "pure" theory of law of H. Kelsen is a positivist doctrine, its author, in contrast to the other representatives of the theory of legal positivism, in definite provisions of his theory made an attempt to some approximation to the other concepts. Moreover, he tried to give objective, different from positivist, understanding of natural and legal concept of law. The thesis that formation of H. Kelsen's understanding of law was influenced by logic positivism of "Vienna Circle" is grounded in this dissertation as well as actuality of determination of concept of law by H. Kelsen and his theory of law in modern judicial science is demonstrated and proved.

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