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This work is of such carelessness in its appointments that it could be ignored. If this is the reason for this article, I will vote it with both hands. When one says that the state is a group of individuals or an association of individuals, it is understood that this group or that association is established and consists essentially of a certain regula- tion.
Strictly speaking, Kelsen made the clear- serecho, radical and founded criticism of the traditional concept, postulating the revolutionary thesis that legal interpretation is an act of will decision rather than pure knowledge logical deduction as supported by exegesis.
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A new generation of Constitutionalists as- sumes responsibility in an ever-growing School: Said in a radical way: French doctrine, natural law flows originated in Argentina and Chile, and even some with a leftist orienta- tion.
Couture, principal host of Kelsen, left his testimony of the event: Among its members there were differ- 65 About the Uruguayan dictatorship, see in english: In the field of philosophy of law, how- ever, there appears the first serious critique of some kelsenian thesis.
The reception of the Pure Theory of Law in Uruguay dogmatic, who did not appeal to transcendental orders to accompany the needs of society. Refuting the anti-Kelsen libel Since the above work has been widely disseminated internationally through publication by the Hans Kelsen-Institut, and not having been discussed among us, I think it is essential korzenik try a refutation of it. The reception of the Pure Theory between and A.
Let me note briefly the points that — had they been taken into account — they would have prevented pbulico from falling into such a position: Central de Vene- zuela, Caracas,p.
This introduces the criticism of pure theory by the left. It originates with Aristotle. Couture dies and Carlos Cossio is separated from the university after the fall of Peron in Argentine. Reforma Constitucional deVol.
Introduction This work is an attempt to document and interpret the reception1 of the pure theory of law PTL deeecho Hans Kelsen in Uruguay, with special emphasis in the early times of reception, cause they are less known.
Sarlo, Oscar, La gira sudamericana de Hans Kelsen en Gillespie, Charles Guy, Ne- gotiating democracy. However, it should be noted that it is a second hand appointment of Kelsen, through a quotation from: And Kelsen seeks for the logic and universal category law.
He only mentions the second edi- tion of the PTL in a work on interpretation published in Venezuela; see: The move- ment begins with the publication in Buenos Aires of the translation of the first edition of the PTL in ,26 with Foreword by Kelsen himself, which was reprinted several times, with thousands of copies sold. He also cites the views of Kelsen through appointments E.
Beyond the political animosity with the lublico Kelsen, the libel exhibits a surprising theoretical weakness that prevented the authors to properly interpret the meaning of these dispositions of the Uruguayan Constitution. Context of diffusion This period is characterized by some important events: Kelsen only could be accepted provided we ac- cept his exaggerated Kantianism.
Estudios en Homenaje al profesor Mario G.
korzeniak derecho publico pdf converter
Losano, Madrid, Dykinson, Beyond the academic incomprehension of his epistemological proposal, Kelsen has pjblico a highly positive image in the legal community in Uru- guay, which can be seen from the frequent invocation of his authority in the press cultivated as an example of academic Democrat, honest, rigorous and lucid. Skip to main content. For Kel- sen there are no real elements.
Diffusion and reception contexts The restoration of democracy in Argentina marked the resurgence of the analytic school in Buenos Aires, which also played an important role close to President Alfonsin and the trials against the military juntas. It seems that after the attempt to bury democracy inthe dictatorship also tried to bury Kelsen.