Politeja (Dec 2016)
Nauka o państwie a teologia w ujęciu Hansa Kelsena
Abstract
Hans Kelsen on the Relation of the Theory of the State and Theology The paper pays attention to the theological‑political themes in the thought of an Austrian lawyer and philosopher Hans Kelsen (1881‑1973). It especially aims to explore one of the lesser known aspects of his legal theory that is the parallelism between theology and the Staatslehre. I attempt to reconstruct the numerous structural analogies between theology and the legal and political theory discussed in various Kelsen’s works. By focusing on these analogies, I am trying to understand their place and meaning within Kelsen’s Pure Theory of Law. I claim that they constitute a preliminary tough indispensable part of Kelsen’s effort to construct a theory that completely identifies the state and the legal order and to do away with the influence of theology and metaphysics.
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