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Remember me on this computer. Kelsen after the democratic restoration in Uruguay A. Kelsen himself made three trips to Latin American countries: These rela- tions are further intensified by his faithful disciple and friend Josef Kunz, who, thanks to a thorough knowledge of the Latin American language and literature, tirelessly spread the pure theory through books and lectures.

Edelman, Le droit saisi par la photographie.

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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. Despite having held the chair for a short time — he had been the most important philosopher of the country, exerting a considerable influence not only in academia but in the general cul- ture and even in political circles.

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. The reception of the Pure Theory of Law in Uruguay appeals to humanism, solidarity, and pragmatism, but still strongly influenced by the positivism of H. For Kel- sen there are no real elements.

As for material things, tangible things, through which the state is revealed to our observation, they have no meaning in themselves, and if human beings put them in puglico it is obeying the normative order. He also cites the views of Kelsen through appointments E. Log In Sign Up.


In the field of procedural law, the influence of Couture, who had been deeply interested in the kelsenian investigations, is still very important. It would be harmless if not pedantic, but it would mostly give Kelsen himself a false conception of our reality, the guidelines describe here his ideas or discuss his findings. 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.

The starting point of Kant is that the only universal thing is the logic-based rational construction.

The Reception of the Pure Theory of Law in Uruguay | Oscar Sarlo –

Receiving Kelsen in the Uruguayan dogmatic In the field of constitutional law there is derevho deepening on theoretical issues, but Kelsen is systematically exposed to each significant problem. That is, a free university, free thinking.

This serious contradiction had already been marked edrecho Alberto R. To distinguish the dif- ferent versions of the Pure Theory of Law itself, I will use the following ab- breviations: And indeed, this very serious threat came true, it was totalitarianism, precisely in the countries from which these books in question had come from. 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.

They frequently fight against a non-existent Kelsen, and apply a Kelsen unknowingly, as often happens with classics.



Introduction This work is an attempt to document and interpret the reception1 of the pure theory of law PTL of Hans Kelsen in Uruguay, with special emphasis in the early times of reception, cause they are less known. Malherbe was a competent expositor of Kelsen,96 but his philosophical interests go in an opposite direction to the scientific claims of pure theory. Our legal dogmatic uses commonly theoretical categories elaborated by Kelsen, includ- ing those of the validity spheres to describe norms, the hierarchical structure of the legal system, the classification of the norms, the procedural criterion of validity instead of the jusnaturalism criteria etc.

Couture was scheduled to meet Kelsen during a summer course to be delivered in in Mexico, along with other eminent teachers,41 but Kelsen had to cancel his trip because of having contracted a disease.

Conclusions about this period Overall, ,orzeniak can say the following about the dogmatic in Uruguay: De- tails of all these publications originals and translations can be seen in: This work is of such carelessness in its appointments that it could be ignored. Gillespie, Charles Guy, Ne- gotiating democracy. It would be funny if positive law had jurisdiction to resolve disputes or epistemological theory: Cerroni, Marx y el derecho modernoB.

But also, I would say that ultimately the vast majority behave as Kelsenian unknowingly.