The keystone of Kelsen s Pure Theory of Law is his doctrine of the basic norm. The basic norm is therefore the subject of Jovanović s critique of Kelsen s entire theory. According to Kelsen, the basic norm precedes the authority of a state, since it is positioned between the factual social force, which establishes the authority of the state, and the state. According to Jovanović, there is neither the law without a state, nor a state without the law; hence neither can Kelsenian legal norm, perceived as a norm prior to the state, be a positive legal norm, but an abstract, natural law norm. Jovanović discusses and criticizes Kelsen s solution to the problem of the relationship between national and international law, which depends on the establishment of the basic norm.
Keywords:
State law / Sovereignty / Pure Theory of Law / Philosophy of Law / International law / Basic norm
Source:
Anali Pravnog fakulteta u Beogradu, 2013, 61, 3, 151-167
TY - JOUR
AU - Milosavljević, Boris
PY - 2013
UR - https://ralf.ius.bg.ac.rs/handle/123456789/1571
AB - The keystone of Kelsen s Pure Theory of Law is his doctrine of the basic norm. The basic norm is therefore the subject of Jovanović s critique of Kelsen s entire theory. According to Kelsen, the basic norm precedes the authority of a state, since it is positioned between the factual social force, which establishes the authority of the state, and the state. According to Jovanović, there is neither the law without a state, nor a state without the law; hence neither can Kelsenian legal norm, perceived as a norm prior to the state, be a positive legal norm, but an abstract, natural law norm. Jovanović discusses and criticizes Kelsen s solution to the problem of the relationship between national and international law, which depends on the establishment of the basic norm.
T2 - Anali Pravnog fakulteta u Beogradu
T1 - An early critique of Kelsens pure theory of law: Slobodan Jovanović on the basic norm and primacy of international law
EP - 167
IS - 3
SP - 151
VL - 61
UR - conv_3204_6
ER -
@article{
author = "Milosavljević, Boris",
year = "2013",
abstract = "The keystone of Kelsen s Pure Theory of Law is his doctrine of the basic norm. The basic norm is therefore the subject of Jovanović s critique of Kelsen s entire theory. According to Kelsen, the basic norm precedes the authority of a state, since it is positioned between the factual social force, which establishes the authority of the state, and the state. According to Jovanović, there is neither the law without a state, nor a state without the law; hence neither can Kelsenian legal norm, perceived as a norm prior to the state, be a positive legal norm, but an abstract, natural law norm. Jovanović discusses and criticizes Kelsen s solution to the problem of the relationship between national and international law, which depends on the establishment of the basic norm.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "An early critique of Kelsens pure theory of law: Slobodan Jovanović on the basic norm and primacy of international law",
pages = "167-151",
number = "3",
volume = "61",
url = "conv_3204_6"
}
Milosavljević, B.. (2013). An early critique of Kelsens pure theory of law: Slobodan Jovanović on the basic norm and primacy of international law. in Anali Pravnog fakulteta u Beogradu, 61(3), 151-167.
conv_3204_6
Milosavljević B. An early critique of Kelsens pure theory of law: Slobodan Jovanović on the basic norm and primacy of international law. in Anali Pravnog fakulteta u Beogradu. 2013;61(3):151-167.
conv_3204_6 .
Milosavljević, Boris, "An early critique of Kelsens pure theory of law: Slobodan Jovanović on the basic norm and primacy of international law" in Anali Pravnog fakulteta u Beogradu, 61, no. 3 (2013):151-167,
conv_3204_6 .
