BULYGIN and the Neo-Kantian KELSEN

被引:0
|
作者
Garcia Berger, Mario [1 ]
机构
[1] Univ Autonoma Ciudad Mexico, Mexico City, DF, Mexico
来源
关键词
normativity; science of law; validity; ought; basic norm; KELSEN; Neo-Kantianism;
D O I
10.14198/DOXA2018.41.17
中图分类号
B [哲学、宗教];
学科分类号
01 ; 0101 ;
摘要
According to Eugenio BULYGIN, KELSEN abandoned, sometimes implicitly, the four theses that shape up his Neo-Kantian phase: legal norms are ideal entities; the validity of norms means they are binding; legal science is normative and the basic norm is a transcendental category. To argue against BULYGIN'S tenents I firstly emphasize the normative character of the acts of norm creation/derogation and put forward a transcendental way to understand the notion of efficacy; secondly, I reject the idea that there is in KELSEN a notion of justified validity; then I turn to clarify in what sense the science of law is prescriptive and descriptive; finally, I maintain that KELSEN did not dispose of his doctrine of the basic norm because it is intended as an answer to an epistemological question that pervades all his work.
引用
收藏
页码:339 / 353
页数:15
相关论文
共 50 条