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Normological Inferences and the Generation of Legal Norms
Author(s) -
WEINBERGER OTA
Publication year - 1995
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/j.1467-9337.1995.tb00213.x
Subject(s) - skepticism , doctrine , epistemology , relation (database) , philosophy , legal doctrine , legal norm , law , political science , computer science , database
. This paper is an answer to Mazzarese (1993) in which the author argues that Kelsen's normological scepticism is a consequence of his theory of legal dynamics and of his views on the relation between higher and lower norms. The author rejects this tenet and reasserts his opinion that there is an essential break between the classical Pure Theory of Law and Kelsen's late doctrine. Therefore an inquiry is justified whether the theses and concepts of the classical Pure Theory are compatible with normological scepticism in Kelsen (1979). Mazzarese's comments on neo‐institutionalist views on legal validity are based on a misinterpretation of this conception.