Groundless Law

Name: Groundless Law
Price: 246.75 AUD
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Hans Kelsenâs Critical Legal Theory

By: Kristina Cufar

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Hardcover | 7 August 2026 | Edition Number 1

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Format
Hardcover

Dimensions(cm)
23.4 x 15.6

Hardcover

RRP $284.00

$246.75

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Available: 7th August 2026

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This book explores the critical edge of Hans Kelsenâs pure theory of law, often muted in doctrinal interpretations, and highlights how Kelsen sought to radically redefine both legal science and legal reality.

The pure theoryâs foundational concept of the Grundnorm (the basic norm) serves as the unifying thread of this book, demonstrating Kelsenâs conviction that any content whatsoever can be law, as he was wary of ideological justifications of positive law. While Kelsen understood law as a result of material political struggles, he prioritized the normative over the factual and thus slipped into a mystification of his object of cognition. To flesh out the iconoclastic features of Kelsenâs thought and the limitations of his neo-Kantian rationality, this book engages with Kelsenâs affinity with Friedrich Nietzscheâs unruly philosophy. The deconstructive ethos of the pure theory is considered through a parallel reading of Kelsen and Jacques Derrida, demonstrating that the pure theory deploys deconstruction avant la lettre, but is self-deconstructing. Concluding with a restatement of the Grundnorm, the book provides a fresh perspective on Kelsenâs seminal theory and its confrontation with a world in crisis.

The book is intended primarily for scholars and researchers in legal philosophy and jurisprudence, as well as academic audiences in political theory, social sciences, history, and the humanities.

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