KELSEN’S IDEA OF A WORLD STATE (WELTSTAAT) Cover Image

KELSEN’S IDEA OF A WORLD STATE (WELTSTAAT)
KELSEN’S IDEA OF A WORLD STATE (WELTSTAAT)

Author(s): Tomasz Widłak
Subject(s): International Law, Political Philosophy, Contemporary Philosophy, Politics and law, Philosophy of Law
Published by: KSIĘGARNIA AKADEMICKA Sp. z o.o.
Keywords: Kelsen; international law; world state; Weltstaat; pure science of law; pure theory of law;

Summary/Abstract: This article offers an analysis of the meaning of the term ‘world state’ (Weltstaat) as used by Hans Kelsen in his work on international legal theory. The author argues that Kelsen understands the term solely as a legal concept. Reconstruction of Kelsen’s understanding of the notion of world state begins with a summary of Kelsen’s reductionist doctrine of the state and its identity with law. Secondly, the analysis moves to Kelsen’s radical deconstruction of sovereignty. Thirdly, Kelsen’s doctrine of evolution of legal orders along the axis of centralization is considered. These considerations lead to the assertion that Kelsen’s Weltstaat shows in fact more affinity with the concept of the international community rather than a fully-fledged state. The article concludes that Kelsen’s world state is only a theoretical possibility, a stage in the evolution of legal orders and a common point of imputation rather than a manifestation of any cosmopolitan agenda.

  • Issue Year: 18/2021
  • Issue No: 72
  • Page Range: 175-191
  • Page Count: 17
  • Language: English
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