The Basic Norm: an unsolved murder mystery

Duxbury, N. (2007). The Basic Norm: an unsolved murder mystery. (LSE law, society and economy working papers 17-2007). Department of Law, London School of Economics and Political Science.
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Near the end of his life, Hans Kelsen did away with the conception of the Basic Norm which he had defended so vigorously throughout his career and formulated a new version which was less well suited to his objective of demonstrating that law is genuinely scientific. Why did he do this? This short essay suggests an answer: that his final version of the Basic Norm followed logically from his understanding of how legal norms connect with human volition.

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