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"The essence and basic methods of the pure theory" [2019] ELECD 1059; in Orakhelashvili, Alexander (ed), "Domesticating Kelsen" (Edward Elgar Publishing, 2019) 1

Book Title: Domesticating Kelsen

Editor(s): Orakhelashvili, Alexander

Publisher: Edward Elgar Publishing

Section: Chapter 1

Section Title: The essence and basic methods of the pure theory

Number of pages: 19

Abstract/Description:

Chapter 1 introduces the basic outlook and methodology of the pure theory of law. It places the role of the pure theory within the broader focus of positivist scholarship. After that, the chapter moves on to identify the basic categories and concepts with which the pure theory operates, in order to attain its goal of a comprehensive positivist treatment of the law (Is and Ought, fiction, imputation). Finally the chapter addresses the criticisms of Kelsen’s general methodology.