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Kelsen’s Pure Theory of Law from the Perspective of Globalization

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Authors
Pak, Un Jong
Issue Date
2009
Publisher
BK 21 law
Citation
Journal of Korean Law, Vol.9 No.1, pp. 147-160
Keywords
basic normglobalizationpure theory of lawpyramid modellegal pluralityinterlegality
Abstract
This essay attempts to critically look at Kelsen’s pure theory of law and pyramid model of legal order(der Stufenbau der Rechtsordnung) from the perspective of globalization. The stream of globalization has changed the face of legal order: legal plurality, inter-legality spread out, retreat of legal formalism, advent of ‘soft law’ and legal particularism, and accordingly it has become increasingly difficult to put limitations on how far each domain of regulation covers. It is my belief that this in fact reflects how the lines between domains in the pyramid are becoming hazy. In this essay I will briefly look at the particular features of Kelsen’s legal theory; afterwards, the limitations of the pyramid model, the retreat of the state law centrism following globalization. Under this light, I will attempt to demonstrate that legal autonomy and purism as asserted by Kelsen cannot be maintained easily. We can but say that law is only partially enveloped by the pyramid model.
ISSN
1598-1681
Language
English
URI
http://hdl.handle.net/10371/85162
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 09 Number 1/2 (2009)
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