Wednesday, November 30, 2005

Paulson on something

Ladies and Gentlemen - The Statosphere!! "Whereas fundamental norms in the juridico-philosophical tradition serve to impose constraints, Kelsen's fundamental norm or basic norm (Grundnorm), purports to establish the normativist character of the law. But how is the basic norm itself established? Kelsen himself rules out the appeals that are familiar from the tradition: the appeal to fact, and to morality. What remains is a Kantian argument. I introduce and briefly evaluate the Kantian and neo-Kantian positions, as applied to Kelsen's theory. The distinction between the two positions, I argue, is reflected in an ambiguity in the use of the term 'regressive.'"

1 comment:

scarlet panda said...

Why on earth I was confused in his conlaw class, I cannot imagine.