Search Results

You are looking at 1 - 1 of 1 items for

  • Author or Editor: Trevor Wedman x
  • Refine by Access: Content accessible to me x
Clear All Modify Search

Abstract

Hans Kelsen, along with most other legal theorists, presupposes the existence of the sovereign in developing his theory of law. As a result, the Kelsenian theory can only account for legal norms issued in the abstract. For legal norms in the abstract though, there is no bearing on which to develop a theory of norms that reaches beyond the skeletal. This is an issue which has plagued legal theory for the past century and which this paper proposes to address upon a re-reading of the Juristische Grundlehre. Specifically, we are able to open our concept of sovereignty with Somló in ways that the Kelsenian theory does not permit. In this paper, I will argue that Felix Somló’s flexible conception of sovereignty leads to a much fuller contextualization of legal norms as expressions of meaning.

Full access