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"The state and the law" [2019] ELECD 1060; in Orakhelashvili, Alexander (ed), "Domesticating Kelsen" (Edward Elgar Publishing, 2019) 20

Book Title: Domesticating Kelsen

Editor(s): Orakhelashvili, Alexander

Publisher: Edward Elgar Publishing

Section: Chapter 2

Section Title: The state and the law

Number of pages: 13

Abstract/Description:

Chapter 2 addresses the relationship between the State and the law from the perspective of positivist methodology. Legal theory before Kelsen had not tackled this matter from the purely legal point of view, and instead jurisprudence in that area was little more than an extension of social and political sciences. Kelsen streamlines the identity between the State and the law in order to delimit the focus of his positivist theory.


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