Rechtspositivismus und Rechtstheorie

Gabriel Nogueira Dias gives a systematic description of Hans Kelsen's theory of law, which is probably the most polished theory of law in the German-speaking world. He begins his detailed study by differentiating between Kelsen's positivist theory of law and his general theory of law. Based on this differentiation, the author is able to make the essential characteristics of Kelsen's entire work more understandable. He shows that both constancy and variety are to be found in Kelsen's legal thinking, depending upon which facet of his entire work in the field of law is being considered. In addition to distinguishing between the two theories, the author also sheds new light on the essential interaction between Kelsen's positivist theory of law and his general theory of law.