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Between Politics And Morality: Hans Kelsen's Contributions To The Changing Notion Of International Criminal Responsibility, Jason Kropsky
Between Politics And Morality: Hans Kelsen's Contributions To The Changing Notion Of International Criminal Responsibility, Jason Kropsky
Dissertations, Theses, and Capstone Projects
The pure theory of law analyzes the legal normative basis of jurisprudence. According to its author, Hans Kelsen (1881-1973), the study of law as a science can only arise once “alien elements” associated with sociology, politics, ethics and psychology are extracted from strict legal cognition. But what happens when the international sphere of law that possesses the special quality of holding state officials accountable for core international crimes requires intrusion by extra-legal sources? Does Kelsen’s structural edifice collapse? Or is it reconstituted? In examining how international criminal responsibility, a test case for Kelsen’s positive law claims derives its legitimacy, this …