An Analyse On The Monism Of Law And State Of Kelson

On the issue of the cognition of law and state, Kelsen put forward a unique monism of law and state. In this paper , I attempt to study the theory. This paper consists of four chapters.The first chapter, a reviews of Kelsen's life and his academic background. I tried to show the Kelsen's careers in four countries, and assay the influention from the legal positivism and the philosophy of New Kantianism.Chapter II is divided into four sections. Section I, the author reveald what Kelsen proposed his monism of law and state for. Section II includes a summary of of traditional dualisms of law and state and a brief list of two representatives(Jellinek's metaphysical views of the state and Seydel's realistic views of the state). Section III, the author summarized Kelsen's criticisms of the traditional dualisms of law and state. Section IVis a description of the main features of the monism of law and state of Kelsen.Chapter III is an analyze of the theoretical structure in the monism of law and state of Kelsen. In Kelsen's theoretical structure, he approached the monism of law and state in two roads. In the first road , he tried to prove that law contains state. In the second road, he tried to prove the nonexistence of an independent state.Chapter IV, the author tried to evaluate the monism of law and state of Kelsen, from the perspective of its relationship with the principle of rule of law and the perspective of methodology.