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Orakhelashvili, Alexander --- "Domesticating Kelsen" (Edward Elgar Publishing, 2019) [2019] ELECD 1055

Editor(s): Orakhelashvili, Alexander

Title: Domesticating Kelsen

Sub-title: Towards the Pure Theory of English Law

Series: Elgar Studies in Legal Theory

Topics: Legal Philosophy

Publisher: Edward Elgar Publishing

Date of Publication: 31 May 2019

Number of pages: c 224

Abstract/Description:

There exists a genuine degree of scepticism as to whether Hans Kelsen’s pure theory of law can rationalise the intricacies of the English legal system. This ground-breaking book examines pertinent aspects of English law relating to constitutional patterns of law-making, the relationship between law and policy, and the ultimate efficacy of the legal order, through the pure theory’s prism. It demonstrates that while Kelsen’s theory is highly suitable to examine some of these issues, in relation to some aspects of English law it actually possesses the analytical cutting edge.