Basic norm

Abstract: Hans Kelsen is considered by many to be one of the foremost legal thinkers of the twentieth century. He made important contributions to many areas, but especially to legal theory and international law. Over a number of decades, he developed an important legal theory which found its first complete exposition in Reine Rechtslehre, 1934 (presently being translated by Stanley Paulson for OUP) and its fullest expression in the second edition of Reine Rechtslehre, 1960. During the last decade of his life he was working on what he called a general theory of norms. When he died in 1973, he left a lengthy manuscript, which was published in 1979 as Allgemeine Theorie der Normen. This book is the translation - General Theory of Norms. It is thus the last work of one of the most important legal theorists this century. In it, Kelsen develops his 'pure theory of law' into a 'general theory of norms'. In so doing, he provides a new basis for some of the positions he espoused earlier on, but also revises some of his earlier positions. The most important new topic is that of the applicability of logic to norms: Kelsen develops an original and extreme position some people have called 'normative irrationalism'. In the book, Kelsen also examines the views of over 200 philosophers and legal theorists on law, morality and logic, ranging from Plato and Aristotle to contemporary thinkers.

Abstract: I THE PROBLEM OF LEGAL POSITIVISM 1. The Basic Positions 2. The Practical Significance of the Debate II THE CONCEPT OF LAW 1. Central Elements 2. Positivistic Concepts of Law 3. Critique of Positivistic Concepts of Law III THE VALIDITY OF LAW 1. Concepts of Validity 2. Collisions of Validity 3. Basic Norm IV DEFINITION

Abstract: Corruption has turned out to be difficult to define and what should be counted as the opposite to corruption remains widely disputed. If the goal for a post-conflict society is not only to become democratic and prevent a return to violence but also to reduce systemic corruption, we need to know what it is that should be fought and how the opposite to systemic corruption should be conceptualised. To define the opposite to corruption, choices have to be made along four conceptual dimensions. These are universalism vs relativism, uni- vs multidimensionality, normative vs empirical and whether the definition should relate to political procedures or policy substance. As a result of this conceptual analysis, it is argued, a universal, one-dimensional, normative and procedural definition should be preferred. The suggested definition is that of impartiality as the basic norm for the implementation of laws and policies. This conceptual analysis ends with a discussion of why such a norm has historically and in the ...

Abstract: I argue that Metz’s undertaking, in seeking a ‘comprehensive basic norm’ to underpin African ethics, is similar to Hans Kelsen’s postulation of the Grundnorm in his Pure Theory of Law. But African ethics does not need to be underpinned by an approach such as Kelsen’s. In my view, Metz’s preference for seeking to develop a Grundnorm rests upon a failure to attend carefully to the distinctness of African ethical thinking from Western ethical thinking. This failure is manifest in a spurious distinction (on which Metz relies) between ‘moral anthropology’ / ‘cultural studies’ and ‘normative theory’. It is also manifest in Metz’s failure to attend carefully to the work of Wiredu and Bujo, both of whom present systematic, critical analyses of African ethical thinking while implicitly rejecting the quest for a Grund norm as being unAfrican.