Data di Pubblicazione:
2023
Citazione:
Kelsen e il caso del “diritto” nazista / Gazzolo, Tommaso. - In: RIFD. RIVISTA INTERNAZIONALE DI FILOSOFIA DEL DIRITTO. - ISSN 1593-7135. - 2(2023), pp. 307-331.
Abstract:
The essay discusses the thesis – which has enjoyed a certain critical fortune
especially since the Second World War – according to which Kelsen’s function
of the basic norm is to justify positive law. Especially after the Second
World War, Kelsen’s legal positivism has often been criticized for “having
supported the compliance of the German Judiciary with Nazi law. The paper aims to show how, for Kelsen, the experience of law is
possible only under certain conditions
especially since the Second World War – according to which Kelsen’s function
of the basic norm is to justify positive law. Especially after the Second
World War, Kelsen’s legal positivism has often been criticized for “having
supported the compliance of the German Judiciary with Nazi law. The paper aims to show how, for Kelsen, the experience of law is
possible only under certain conditions
Tipologia CRIS:
1.1 Articolo in rivista
Keywords:
Kelsen, nazism, Grundnorm
Elenco autori:
Gazzolo, Tommaso
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