Essays in Legal and Moral Philosophy by Hans Kelsen (auth.)

By Hans Kelsen (auth.)

In his selection of texts, the Editor has been confronted with the tough job of choosing, from one of the author's greater than six hundred guides, these of the best philosophical curiosity. it's mainly the themes of value-rela­ tivism and the good judgment of norms which were saved in view. the choice has additionally been guided through the endeavour to reprint, as far as attainable, texts that have no longer hitherto seemed in English. now and then, despite the fact that, this target has needed to be discarded, so as to comprise works of key im­ portance and in addition the newest expressions of Kelsen's view. as well as the 2 issues already pointed out, the Editor has con­ sidered Kelsen's discussions of the causal precept to be thus far helpful of philosophical cognizance, that a few writings on causality and account­ skill were integrated during this number of philosophical reviews. OTA WEINBERGER Hans Kelsen died on April nineteenth, 1973. in basic terms his paintings now lives, for the foundation of destiny generations of jurists and philosophers. Graz, twenty fifth April, 1973 OT A WEINBERGER TRANSLATOR'S notice i'm obliged to the Editor for his cautious scrutiny of the interpretation, which has ended in a few corrections and enhancements within the text.

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A just solution is then ruled out. Let us suppose that one is held to be the fitter because he has a fine appearance and a handsome face, and so creates the impression of being a strong personality, whereas the other is small and insignificant-looking. If the first gets the job, the other will by no means feel the decision to be just; he will say, why am WHAT IS JUSTICE? 3 I not so good-looking as he is, why has nature fashioned my body so much less attractively? And in fact, if we assess nature from the standpoint of justice, we have to confess that nature is not just: she makes one man healthy and another diseased, one clever and another a fool.

It merely stales that the law should be applied as it is meant to be applied. It is the principle of legality or legitimacy which is by nature inherent in every legal order. regardless of whether this order is just or unjust. 24. The application of the equality-principle to the relation between doing work and thc product of working leads to the demand, that an equal amount of work done should receive an equal share in the product. This, according to Karl Marx. 11 is the justice underlying the capitalist 16 ESSA YS IN LEGAL AND MORAL PHILOSOPHY order of society, the alleged "equal right" of this economic system.

Either there is a valid criterion, a justice which stands above us all, a challenge presented to us, not by us, a standard rule of justice binding on every State and every system of law, or there is no justice, but only power organized in one fashion or another and setting itself up as law" (p. 16). The divine law of absolute justice is to be found, he thinks, in a "divine order of creation", which is presented as the Christian - rather than the rationalistic - version 10 11 26 ESSA YS IN LEGAL AND MORAL PHILOSOPHY of natural law (pp.

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