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Filozofia Publiczna i Edukacja Demokratyczna
Article . 2018 . Peer-reviewed
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Filozofia Publiczna i Edukacja Demokratyczna
Article
License: CC BY NC ND
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Czy pragmatyka jest u Kelsena możliwa?

Authors: Zalewska, Monika;

Czy pragmatyka jest u Kelsena możliwa?

Abstract

The main goal of Hans Kelsen’s Pure Theory of Law is to build a science of law. Kelsen is looking for a valid conditions of legal science and find them in neokantian philosophy. However, in the last phase when he turns into linguistic paradigm, he can’t explain science of law through neokantian terms anymore. In this case the question arises, how to recognize law from other linguistic expressions. Normally one could recall context of such expression (pragmatical context). In Kelsen’s case this is impossible as he distinguishes between is and ought and postulates that we should study law only on ought sphere. Despite this I will try to demonstrate that the pragmatics is possible in Pure Theory of Law by transforming previous neokantian categories into pragmatic ones.

Keywords

Pure Theory of Law, normativism, ought, K201-487, imputation, legal theory, Political science (General), Hans Kelsen, basic norm, Jurisprudence. Philosophy and theory of law, Allgemeine Theorie der Normen, pragmatics, JA1-92

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selected citations
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This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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Published in a Diamond OA journal