[DOWNLOAD] "Formalism, 'Free Law', And the 'Cognition' Quandary: Hans Kelsen's Approaches to Legal Interpretation." by University of Queensland Law Journal # Book PDF Kindle ePub Free
eBook details
- Title: Formalism, 'Free Law', And the 'Cognition' Quandary: Hans Kelsen's Approaches to Legal Interpretation.
- Author : University of Queensland Law Journal
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 368 KB
Description
I INTRODUCTION No one would care to claim that Hans Kelsen's work on legal interpretation counts as his finest hour. In his programmatic statements on interpretation, (1) he seems to be appealing to the doctrine of legal cognition as a means of supplanting the approach of traditional jurisprudence, an approach he views with great scepticism. In one major treatise, taking an altogether different tack, he ties principles of interpretation closely to the basic norm. (2) In his earliest work, Kelsen rejects the very idea of a psychological 'will' of the legislator, a rejection that can be seen as a rejection of intentionalism as a theory of legal interpretation. (3) Still another ingredient in the interpretation mix is the oft-voiced criticism of Kelsen's ostensible formalism. When criticism in this vein is set alongside Kelsen's own outspoken scepticism about the canons of legal interpretation in traditional jurisprudence, one begins to wonder whether any sense at all can be made of this panoply of approaches.