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(2010) Law as institution, Dordrecht, Springer.
Chapter 2 concludes the first part of the book by considering an alternative view about the relationship between power and law. Here the main approach discussed is Hans Kelsen's "pure theory". As a matter of fact, Kelsen presents his own theory as a solution to the controversy, in so far as power is reconceptualised as an order of rules, a legal order, or more simply as "law". In this sense, the opposition between law and power dissolves. However, such dissolution is only apparent, since on the one side the law is conceived as based on coercion and facticity and on the other hand whatever effective law is ennobled as "valid" system of law.
Publication details
DOI: 10.1007/978-1-4020-6607-8_2
Full citation:
La Torre, M. (2010). The normativist view, in Law as institution, Dordrecht, Springer, pp. 25-57.
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