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Introduction: Hans Kelsen for Americans

Hans Kelsen in American–Selective Affinities and the Mysteries of Academic Influence (Springer 2016)

Valparaiso University Legal Studies Research Paper No. 17-5

22 Pages Posted: 5 Sep 2017  

D. A. Jeremy Telman

Valparaiso University Law School

Date Written: August 25, 2017

Abstract

This introduction to a collection of essays on the reception of Hans Kelsen's work in the United States provides an overview, for American readers who may not be familiar with Kelsen’s writings, of the major ideas that are themes in the chapters to follow. These include a basic introduction to Kelsen’s version of legal positivism and its relationship to H.L.A. Hart’s legal positivism and to American formalist and legal realist approaches. In addition, the introduction will cover the basic norm, the Stufenbau, and Kelsen’s doctrine of the unity of law, including his views on the relationship of international and domestic law. The introduction will conclude with a few examples, drawn from the chapters that follow, of why European scholars continue to be interested in Kelsenian approaches and why American legal scholars would benefit from the consideration of Kelsenian perspectives.

Keywords: Hans Kelsen, legal positivism, basic norm, monism

Suggested Citation

Telman, D. A. Jeremy, Introduction: Hans Kelsen for Americans (August 25, 2017). Hans Kelsen in American–Selective Affinities and the Mysteries of Academic Influence (Springer 2016); Valparaiso University Legal Studies Research Paper No. 17-5. Available at SSRN: https://ssrn.com/abstract=3026398

D.A. Jeremy Telman (Contact Author)

Valparaiso University Law School ( email )

656 S. Greenwich St.
Valparaiso, IN 46383-6493
United States
219-465-7811 (Phone)
219-465-7872 (Fax)

HOME PAGE: http://www.valpo.edu/law/faculty/jtelman/

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