The Resource How does the Grundnorm fare? : towards a theory less pure dates, Kristina, Čufar

How does the Grundnorm fare? : towards a theory less pure dates, Kristina, Čufar

Label
How does the Grundnorm fare? : towards a theory less pure dates
Title
How does the Grundnorm fare?
Title remainder
towards a theory less pure dates
Statement of responsibility
Kristina, Čufar
Creator
Contributor
Subject
Language
eng
Summary
This thesis advances the argument that Kelsen‘s pure theory of law still has the potential to inform and inspire critical legal research in the postmodern world. The common view that pure theory represents an outdated, state-centric theory of law is rejected through a creative re-reading of Kelsen‘s seminal theory, which traces both its critical iconoclastic ambitions, and the limitations imposed on these ambitions by Kelsen‘s purist methodology. To illustrate this tension, the thesis focuses on Kelsen‘s Grundnorm (basic norm) concept. The Grundnorm represents the presupposed foundation of law, a feigned ground of objective legal validity representing law‘s binding power, mode of existence, and unity. The Grundnorm concept is a positivist answer to the theories that derive legal validity from substantial - yet elusive - natural law. Kelsen‘s Grundnorm does not prescribe the content of a legal order, and this position is often interpreted as dangerous, even nihilistic. Many attempts have been made to re-articulate the formal Grundnorm into a substantial concept grounding law in the values of liberalism. This project, in contrast, embraces the emptiness of the Grundnorm as pure theory‘s commitment to the critical treatment of law. Kelsen insists that law is a human-made and thus constantly transforming phenomenon – a phenomenon potentially dangerous or redeeming. Pure theory is, accordingly, envisioned as a dynamic theory of law. Nevertheless, owning to the rigorous epistemological norms enforced by Kelsen, the Grundnorm remains trapped in a linear conception of time and is spatially imagined as a single point supporting a legal system. To engage with both critical potentialities and limitations of pure theory and its Grundnorm, this thesis reads them through the works of Heidegger, Derrida, and Nietzsche. In this process, the Grundnorm is simultaneously affirmed and destroyed – re-articulated as a multiplicity, a perspectivist Grundnorm(s) that nevertheless retains the most important critical insights of pure theory
Cataloging source
FIE
http://library.link/vocab/creatorName
Čufar, Kristina
Date time place
Defence date: 25 September 2018
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW, 2018)
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses.
  • EUI theses
http://library.link/vocab/subjectName
  • Kelsen, Hans
  • Law
  • Legal positivism
  • Jurisprudence
Label
How does the Grundnorm fare? : towards a theory less pure dates, Kristina, Čufar
Link
http://hdl.handle.net/1814/59113
Instantiates
Publication
Note
Examining Board: Professor Nehal Bhuta, European University Institute (Supervisor); Professor Peter Drahos, European University Institute; Professor Hans Lindahl, Tilburg University; Professor Alexander Somek, University of Vienna
Bibliography note
Includes bibliographical references (pages 227-243)
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Control code
FIE
Dimensions
30 cm.
Extent
243 pages
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)1088494689
Label
How does the Grundnorm fare? : towards a theory less pure dates, Kristina, Čufar
Link
http://hdl.handle.net/1814/59113
Publication
Note
Examining Board: Professor Nehal Bhuta, European University Institute (Supervisor); Professor Peter Drahos, European University Institute; Professor Hans Lindahl, Tilburg University; Professor Alexander Somek, University of Vienna
Bibliography note
Includes bibliographical references (pages 227-243)
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Control code
FIE
Dimensions
30 cm.
Extent
243 pages
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)1088494689

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