Bulletin n. 3/2006
December 2006
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Somek Alexander
    Stateless Law: Kelsen’s Conception and its Limits
    in Oxford Journal of Legal Studies , Volume 26, Number 4, Winter ,  2006 ,  753-774
    Hans Kelsen’s claim that the state and the law are identical is surrounded by a somewhat mystical air. Yet, the ‘identity thesis’ loses much of its mystical aura when it is seen as an attempt to recast the state, qua social fact, in deontological terms. The state is seen as a condition necessary to account for the validity of legal acts. Indeed, the meaning of the state is reduced to the function performed by a conception of order in the reproduction of a system of norms. No further social fact would attest to its existence. From a sociological point of view, all law is essentially, and principally, law sans state
    ©2001 - 2020 - Centro Studi sul Federalismo - P. IVA 94067130016