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Kelsen's Development of the Fehlerkalkül ‐Theory
Author(s) -
KLETZER CHRISTOPH
Publication year - 2005
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.1467-9337.2005.00285.x
Subject(s) - generality , argumentative , criticism , topos theory , abstraction , epistemology , unification , positivism , legal positivism , law , sociology , philosophy , philosophy of law , political science , computer science , psychology , comparative law , art , literature , psychotherapist , programming language
. In this article the author follows the argumentative ascent of the Vienna School of Legal Positivism, and especially of Hans Kelsen, as concerns the intellectual topos of “law contrary to law.” The issues dealt with feature under various headings—albeit always prominently—in the national schools of legal theory. What distinguishes the Viennese approach is the extraordinary generality and height of abstraction it has reached and that facilitates the unification of most disparate legal phenomena. The intention of the article is threefold: firstly, to bring the important, albeit mostly maltreated theory of the Fehlerkalkül (“error‐calculus”) into the light of theoretical attention; secondly, to demonstrate Kelsen's method of developing legal philosophy only given concrete problems of the positive law and its theory; finally, to deal with criticism.