Hans Kelsen on Law and Democracy

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Publication Details

Subtitle: Kelsen's critique of the personalization of the state
Author list: Nour Sckell, S.
Publisher: Universidade Estadual Paulista
Publication year: 2015
Volume number: 38
Issue number: 1
Start page: 57
End page: 80
Number of pages: 24
ISSN: 0101-3173
Languages: English-Great Britain (EN-GB)


Abstract

Tim aim of this essay is to anaisse how Kelsen criticises file major theories of sociology and social psychology of his time (Durkheim, Sinunel, Weber and Freud) in order to liberate law and democracy from whaf he calls collective hypostasis or the mythology of "collective soul". The first part investigates how Kelsen criticises the metaphors of the collective soul. The second part addresses how Kelsen built a theory of law and democracy that sought to escape from problems correlated to the metaphors of the collective soul. The results enable the reader to glimpse some common points between Kelsen's ideas and contemporary projects to elaborate a theory of law and democracy released from the premises implicated by the idea of a uniform community.


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Law


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Last updated on 2019-13-08 at 00:15