Kelsen, hans compendio de teoria general del estado – 1. 1 •,1-}, 0 CEVCIglddsa zco.3Qz:tc)r)•;)”et)A0s-•-sC’0 r;),)• -,$4(7) ct. Compendio de teoría general del Estado. KELSEN,HANS. Published by Universidad Autónoma de México (). ISBN ISBN Title, COMPENDIO DE TEORIA GENERAL DEL ESTADO. Author, Hans Kelsen. Edition, 2. Publisher, COLOFON, ISBN, ,

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We owe to Prof. Dogmatics of law is a rational reconstruction of the law in normative terms, not merely descriptive,89 while the theory of law is a de- scriptive rational discourse applicable to any legal system.

Context of reception in Uruguay The new stage in the diffusion of kelsenian ideas in Latin America, also finds significant changes in Uruguay: French, to establish the primacy of international law over the national law, which ordered such caducity of those offenses.

French doctrine, natural law flows originated in Argentina and Chile, and even some with a leftist orienta- tion. Strictly speaking, Kelsen made the clear- est, 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.

El diseno de la jurisdiccion contencioso-administrativa en Mexico, sustentada sobre una concepcion civilista. The E-mail Address es field grneral required.

cmpendio All the actual and human con- tent that transcends from state has no value in itself, because only they have the legal concepts on which it is locked in a not always harmonious synthesis, etado and abstraction.

Indeed, on August, 1sthe arrives in Uruguay, following then to Argentina, where he will be until the 25th day of that month except for a brief trip to Montevideo on August, 15ththen travelling to Bra- zil, where he remained until September, 1st.

The texts for these subjects are usually written by university profes- sors, and Kelsen is also mentioned in them. On the early contacts ce Kelsen and Cossio, see: Grompone, who in his brief presentation, perfectly reflects the ambiguous position of the Uruguayan Academy: In administrative law, the situation is somewhat different, as the jus- naturalistic stream has deepened.


He only mentions the second edi- tion of the PTL in a work on interpretation published in Venezuela; see: Therefore, it is worth pausing a little in this relationship, as it marks an important contact point between Kelsen and Uruguayan legal philosophy. Edelman, Le droit saisi par la photographie.

Press, New York, It originates with Aristotle. More powerful than any other thing is our true university tradition, which consti- tutes the essence of our spiritual structure that cannot and must not be diverted: Kelsen may also have been proud of it, beyond the acceptance or rejec- tion of his thesis. This distinction, which corresponds to the distinction between pre- scriptive and descriptive function of language,84 avoiding any possible confu- sion between theory and positive law, since both are developed in different logical discourse.

This ambiguity is only noticed, but cannot be controlled here. This day, President Bordaberry elected inlacking parliamentary support, and with the agreement of the Armed Forces commanders, proceeded to dissolve parliament and local offices, intervened University and banned the operation of political parties and trade unions.

Kelsen under the Uruguayan dictatorship — A. But also, I would say that ultimately the vast majority behave as Kelsenian unknowingly. After the conclusive studies of Kelsen, Radbruch, and many other philosophers of law, we cannot incur the confusion of ethics or political ideals with the Law. Krytyka normatywistycznej teorii prawa i panstwa H.

The reception of the Pure Compendo of Law in Uruguay appeals to humanism, solidarity, and pragmatism, but still strongly influenced by the positivism of H. Martins and Hector Gros Epiell. In the field of constitutional law there will be quite a rejection front, based on a fundamental misunderstanding of the relationship between legal theory and positive law, that will last for decades in Uruguay.


Hans Kelsen

However, we have evidence that at least two students from the course ofproduced works that cite the opinion of Kelsen: Receiving Kelsen in the Uruguayan dogmatic In the field of constitutional law there is no deepening on theoretical issues, but Kelsen is systematically exposed to each significant problem. If this is the reason for this article, I will vote it with both hands. Remember me on this computer. But look, we start from the existence of a reality.


Conclusions about this period Overall, we can say the following about the dogmatic in Uruguay: Marcelo Canton —who analyzed the problem of the validity and effectiveness of an isolated norm, realizing the novelty introduced by Kelsen, on the impact of effectiveness on isolated norms. Kelsen, Hans, La giurisdizione costituzionale e amministrativa al servizio dello Stato federale, secondo la nuova costituzione austriaca del 1 OttobreMilano: Thanks to the World War, which strongly demanded their wool and meat production, Uruguay would know a time of economic growth that intended to strengthen their domestic industries and social redistribution poli- cies to consolidate a large middle class and a proletariat with a degree of satis- faction.

Reviews User-contributed reviews Add a review and share your thoughts with other readers. Kelsen only could be accepted provided we ac- cept his exaggerated Kantianism. Let me note some of them, by way of example: Kritika na suvremenniia burzhoazen praven normativizum.