Kelsen’s Juridical Thinking. Normativism and Private Law Cover Image

Il pensiero giuridico di Kelsen. Normativismo e diritto privato
Kelsen’s Juridical Thinking. Normativism and Private Law

Author(s): Michele Prospero
Subject(s): Politics / Political Sciences
Published by: Editura Universităţii din Bucureşti
Keywords: Juridical normativism; economy and right; private law; critique of natural law; norm and decision

Summary/Abstract: The paper takes into account a feature of Hans Kelsen’s juridical thonking that has been so far rather underestimated: the weight of normativism on his theory of private law. The author closely connects Kelsen’s critical approach to the notion of subjective right and further relates the legal norms to the institutions of the market economy. The interepretative assumptions of Kelsen are constantly confronted with the theoretical background that propelled the development of the modern constitutional state based on the rule of law.

  • Issue Year: 10/2010
  • Issue No: 4
  • Page Range: 709-787
  • Page Count: 79
  • Language: Italian