Die Interpretationstheorie der Reinen Rechtslehre

German, Yilmaz Algin, 2024
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Hans Kelsen's major work "Pure Theory of Law" has gained international recognition. However, the legal theory of interpretation contained within it has so far remained in the shadows. This paper aims to bring it to light, incorporating contributions from his students Alfred Verdross, Adolf Julius Merkl, Fritz Schreier, Elisabeth Ephrussi, and Felix Kaufmann. As a result, a picture emerges of an interpretation theory from the Vienna School of Legal Theory (or: the Pure Theory of Law). The outcome is an outline of a legal positivist theory of interpretation. This has already been the subject of further attempts. This paper seeks to demonstrate that it is also relevant for non-positivist theories of interpretation.

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