Resumo

GARCIA BERGER, Mario. Against the Revisionary Political Reading of Kelsen. Probl. anu. filos. teor. derecho [online]. 2021, n.15, pp.223-262.  Epub 31-Maio-2022. ISSN 2448-7937.  https://doi.org/10.22201/iij.24487937e.2021.15.16123.

The main objective of this paper is to reject the non-standard interpretation of the merit of the pure theory of law proposed mainly by Lars Vinx and, in a lesser extent, by David Dyzenhaus. According to this reading, the value of the kelsenian explanation of the normativity of law lies on its connection to Kelsen´s political philosophy. This tenet is based on the idea that the pure theory fails in its attempt to explain the nature of law, so it has to give up its scientific status and its purity postulate. My purpose is to show that both ideas are misguided and to suggest a way to understand the connection between the pure theory and Kelsen´s political ideas more faithful to his conception of legal science. I also propose a relation between legal science, democracy, the rule of law and the principle of legality that incorporates elements present in Kelsen.

Palavras-chave : Pure Theory of Law; Legal Normativity; Rule of Law; Democracy; Legality.

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