Neo-positivism and pure theory of law
DOI:
https://doi.org/10.5007/%25xAbstract
The project of a Juridical Science by Hans Kelsen is clearly influenced by the epistemological environment present in the period between World War I and II. A relevant contact point between the neopositivist ideals and Kelsen´s Pure Theory of Right can be found in the issue of logical verificationism. Within this framework, the criterion of verification of falsity or truth of a proposition, central element in scientific discourse according to Carnap and Schlick, is also used by Kelsen to support the specific activity of his Science of Right. This clear influence of the Vienna Circle on Kelsenian thinking, nonetheless, did not eliminate a few relevant paradoxical issues, namely the issue of rational foundation of values, and the validity of the Fundamental Norm.Downloads
Published
2003-01-01
How to Cite
LUZ, Vladimir de Carvalho. Neo-positivism and pure theory of law. Seqüência - Legal and Political Studies, Florianópolis, v. 24, n. 47, p. 11–32, 2003. DOI: 10.5007/%x. Disponível em: https://periodicos.ufsc.br/index.php/sequencia/article/view/15276. Acesso em: 16 jul. 2024.
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