Skip to main content
padlock icon - secure page this page is secure

According to the will of which legislator? Kelsen's legal theory and the relevance of the conditions of the validity for the discussion on the methods of interpretation. Kelsens Rechtslehre und die Relevanz der Bedingungen der Geltung für die Diskussion über Auslegungsmethoden

Buy Article:

$30.00 + tax (Refund Policy)

The article investigates the relevance of the conditions for the validity of a legal text, taking into account the possibility of employing a method of interpretation that adopts the will of the legislator as parameter. Since legal norms are valid not only due to the fact that they were created through a valid form, but also because afterwards they have not lost their validity, the conditions required to assert the absence of derogation and desuetudo are analyzed in view of the circumstance that the validity of the interpreted text depends on this absence. Because the permanence of the legal text may be the result of an interpretation that does not take into account the will of the legislator, it is argued that the interpretation according to the will of the legislator neither secures democratic legitimacy for the application of law nor offers a method of interpretation that transforms legal interpretation into a pure act of cognition.
No Reference information available - sign in for access.
No Citation information available - sign in for access.
No Supplementary Data.
No Article Media
No Metrics

Keywords: DEMOCRATIC LEGITIMACY; DEROGATION; DESUETUDO; HISTORICAL INTERPRETATION; KELSEN; METHODS OF INTERPRETATION; VALIDITY; WILL OF THE LEGISLATOR

Language: German

Document Type: Research Article

Publication date: March 1, 2017

More about this publication?
  • Archiv für Rechts- und Sozialphilosophie, edited by authorisation of the International Association for Philosophy of Law and Social Philosophy (IVR), is an international, peer-reviewed journal, first published in 1907. It features original articles on philosophical research on legal and social questions, covering all aspects of social and legal life.
  • Editorial Board
  • Information for Authors
  • Submit a Paper
  • Subscribe to this Title
  • Terms & Conditions
  • Ingenta Connect is not responsible for the content or availability of external websites
  • Access Key
  • Free content
  • Partial Free content
  • New content
  • Open access content
  • Partial Open access content
  • Subscribed content
  • Partial Subscribed content
  • Free trial content
Cookie Policy
X
Cookie Policy
Ingenta Connect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more