How to pull types of discretion out of kelsen's Pure Theory of Law
The expression hat-trick (signifying the scoring of three consecutive goals by one player) is very common in sports. In this short paper, coining the legal use of the expression, I will try to pull (3) types of discretion out of Hans Kelsen's Pure Theory of Law. Kelsen mentions discretion only...
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Union University, Faculty of Law, Belgrade
2019-01-01
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| Series: | Pravni Zapisi |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2019/2217-28151902382E.pdf |
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doaj-1713b5d5c5d94818b8db82a9f8ea4c7a2020-11-25T01:54:55ZengUnion University, Faculty of Law, Belgrade Pravni Zapisi2217-28152406-13872019-01-011023823982217-28151902382EHow to pull types of discretion out of kelsen's Pure Theory of LawEscher Ana0University of Lisbon, Portugal + LxLTG (Lisbon Legal Theory Group), Portugal + CIDPCC, PortugalThe expression hat-trick (signifying the scoring of three consecutive goals by one player) is very common in sports. In this short paper, coining the legal use of the expression, I will try to pull (3) types of discretion out of Hans Kelsen's Pure Theory of Law. Kelsen mentions discretion only in passing. While organizing the loose references to the topic I will analyze whether it can be said that an actual Kelsenian concept of discretion exists. Here, the focus will be on three textual moments in which discretion relevantly appears in Kelsen's Pure Theory of Law. These three moments, I will argue, can be connected to three types of discretion.https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2019/2217-28151902382E.pdfhans kelsenpure theory of lawdiscretiondeterminabilitynorm conflictlegal gap |
| collection |
DOAJ |
| language |
English |
| format |
Article |
| sources |
DOAJ |
| author |
Escher Ana |
| spellingShingle |
Escher Ana How to pull types of discretion out of kelsen's Pure Theory of Law Pravni Zapisi hans kelsen pure theory of law discretion determinability norm conflict legal gap |
| author_facet |
Escher Ana |
| author_sort |
Escher Ana |
| title |
How to pull types of discretion out of kelsen's Pure Theory of Law |
| title_short |
How to pull types of discretion out of kelsen's Pure Theory of Law |
| title_full |
How to pull types of discretion out of kelsen's Pure Theory of Law |
| title_fullStr |
How to pull types of discretion out of kelsen's Pure Theory of Law |
| title_full_unstemmed |
How to pull types of discretion out of kelsen's Pure Theory of Law |
| title_sort |
how to pull types of discretion out of kelsen's pure theory of law |
| publisher |
Union University, Faculty of Law, Belgrade |
| series |
Pravni Zapisi |
| issn |
2217-2815 2406-1387 |
| publishDate |
2019-01-01 |
| description |
The expression hat-trick (signifying the scoring of three consecutive goals by one player) is very common in sports. In this short paper, coining the legal use of the expression, I will try to pull (3) types of discretion out of Hans Kelsen's Pure Theory of Law. Kelsen mentions discretion only in passing. While organizing the loose references to the topic I will analyze whether it can be said that an actual Kelsenian concept of discretion exists. Here, the focus will be on three textual moments in which discretion relevantly appears in Kelsen's Pure Theory of Law. These three moments, I will argue, can be connected to three types of discretion. |
| topic |
hans kelsen pure theory of law discretion determinability norm conflict legal gap |
| url |
https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2019/2217-28151902382E.pdf |
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AT escherana howtopulltypesofdiscretionoutofkelsenspuretheoryoflaw |
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