Groundless Law

Hans Kelsen’s Critical Legal Theory

Kristina Čufar author

Format:Hardback

Publisher:Taylor & Francis Ltd

Publishing:7th Aug '26

£155.00

This title is due to be published on 7th August, and will be despatched as soon as possible.

Groundless Law cover

This book explores the critical edge of Hans Kelsen’s 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 theory’s foundational concept of the Grundnorm (the basic norm) serves as the unifying thread of this book, demonstrating Kelsen’s conviction that any content whatsoever can be law, as he was wary of ideological justifications of any positive legal order. 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 Kelsen’s thought and the limitations of his neo-Kantian rationality, this book engages with Kelsen’s affinity with Friedrich Nietzsche’s 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 also self-deconstructing. Concluding with a restatement of the Grundnorm, the book provides a fresh perspective on Kelsen’s 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.

ISBN: 9781032957692

Dimensions: unknown

Weight: 470g

164 pages