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188It is possible to write a Kelsenian ‘Legal-Philosophical Tractate’ – based on Kelsen’s Pure Theory of Law – after the example of Wittgenstein’s Tractatus Logico-Philosophicus. The following main and sub-propositions analogous to the main and sub-propositions of the Tractatus are a proof thereof and give an initial impetus to it: “May others come and do it better”. Unlike Wittgenstein’s Tractatus, that ends with the famous proposition 7 that one should be silent about what cannot be spoken, a Kel…Read more
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225'Sociale vrede' als Kelseniaanse voorstelling van rechterlijke rechtvaardigheidRechtsfilosofie and Rechtstheorie 37 (1): 49-70. 2008.Research into Kelsen’s conception of judicial justice seems at first sight contradictory to his own Pure Theory of Law. Upon closer consideration this prima facie contradiction turns out to be only an appearance due to the paradoxical effect that is produced by Kelsen’s pure theory of law itself. By revealing three paradoxical effects of Kelsen’s work in this article, I try to show that research into a Kelsenian representation of judicial justice is not only possible but also meaningful. The fir…Read more
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932De idee van rechtvaardigheid van gedaante verwisseld: een Kelseniaanse oftewel relativistische benadering van de idee van rechtvaardigheidAlgemeen Nederlands Tijdschrift voor Wijsbegeerte 103 (2): 87-105. 2011.This article paradoxically tries to come closer to an idea of justice with the help of the destructive — anything but nihilistic — criticism thereof by Hans Kelsen. It argues that his relativistic approach, in which this idea undergoes a metamorphosis to become a realisable value of a social order, brings us closer to an obvious and objective form of justice that is almost taken for granted. Just in our liberal and plural democracy this approach might prove to be of more value than a transcenden…Read more
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327Het primaat van de rechtspraak in de verzekering van de vredeRechtsgeleerd Magazijn Themis 2 38-47. 2011.In spite of his post-World War II works on international law, which seems more purely juridical, Hans Kelsen continues to put forward in his vast body of work an implicit – and sometimes even explicit – juridical objectivism and pacifism. Especially before and during the second World War he makes – by means of many moral-political writings – an effort for a more effective assurance of international peace. The fact that Kelsen regards the law as the pre-eminent means to achieve the end of peace, …Read more
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15Social Peace as conditio tacita for the Validity of the Positive Legal OrderLaw and Philosophy 34 (2): 201-227. 2015.My article investigates the paradoxical dualism in Kelsen’s Pure Theory of Law, in which exists on the one hand a strict distinction and on the other hand a necessary relation between Is and Ought. I shall further try to answer the question whether Kelsen’s pure theory tacitly assumes in the conditions for validity of the positive legal order a basic value and underlying condition, namely, that of ‘social peace’. In order to answer that question, I will first sketch why Kelsen actually different…Read more
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18Recht en vrede bij Hans Kelsen. Een herwaardering van Kelsens rechtsfilosofie: juridisch pacifisme als stilzwijgende betekenis van zijn Zuivere RechtsleerDissertation, Leiden University. 2016.Hans Kelsen is renowned in the world of legal philosophy as one of the most important legal scholars of the 20th century and his most important work which brought him this renown, Pure Theory of Law, is therefore ‘world famous’. However, he is less well known as a legal pacifist and his main writings on law and peace, such as Peace through Law, are very rarely studied and almost never considered in relation to his Pure Theory of Law. Even the more recent studies of Kelsen’s theory of democracy, …Read more
Maastricht, Netherlands
Areas of Specialization
Philosophy of Law |
Criminal Law |
Areas of Interest
Philosophy of Law |
Social and Political Philosophy |
Ethics |