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It was a matter of international law, related to Faust Italian flag ship, which had been captured in war by Uruguay. Let me note briefly the points that — had they been taken into account — they would have prevented them from falling into such a position: Press, New York, It would be harmless if not pedantic, but it would mostly give Kelsen himself a false conception of our reality, the guidelines describe here his ideas or discuss his findings. Losano, Madrid, Dykinson,pp. French, to establish the primacy of international law over the national law, which ordered such caducity of those offenses.

Estado de Derecho, p.

But his ideas were subject to further discussion on the occasion of intense debate occurred between and around the curriculum reform of the Law School, sponsored by criti- cal currents of the left, one of whose aims was to define the role of law in society and history, and therefore determine what role the social sciences should play in the training of lawyers. He only mentions the second edi- tion of the PTL in a work on interpretation published in Venezuela; see: After the conclusive studies of Kelsen, Radbruch, and many other philosophers of law, we cannot incur the confusion of ethics or political ideals with the Law.

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Academic reception of Kelsen between and A. However, it should be noted that it is a second hand appointment of Kelsen, through a quotation from: In the field of philosophy of law, how- ever, there appears the first serious critique of some kelsenian thesis. There is a modern trend: Because of his philosophical orientation agnostic freethinker, influenced by pragmatism of William James and the intuitionism of Henri Bergson our cultural milieu withdrew from the neo-Kantian movement, both in general philosophy and in philosophy of law.

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Posada, Adolfo, La nouvelle constitution anglaise: Reception in other fields of study of law Eduardo J. Kelsen after the democratic restoration in Uruguay A.

It would be funny if positive law had jurisdiction to resolve disputes or epistemological theory: Martins and Hector Gros Epiell.

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Korzebiak is the task of dogmatic theology and the judges, not of theorists. The interpreter does not have to worry about how the law should be, nor should it be influenced by his own opinion about what the law should be. Since Haba fol- lowed his academic career in France and Germany.

Context of diffusion This period is characterized by some important events: In compliance with the task requested, Kunz investigated the Latin jus-philosophical production from to Since this argument is taken up almost 40 years later by the authors of a report by the Hans Kelsen-Institut in Vienna, I leave for that instance the exposure and refu- tation of the thesis. Conclusions about this period Overall, we can say the following about the dogmatic in Uruguay: Lo- sano, Madrid, Dykinson, They can fuzzily be placed in the kelsenian tradition, while others such as Anibal Cagnoni —Ruben Correa Fleitas — and Mar- tin Risso Ferrand — explicitly but vaguely assume natural law tradition 97 See, with specif references to Kelsen: For Kelsen, there are only legal norms determining rela- tionships.

Thus Kelsen testified his recognition to our Faculty of Law, and to the reception given to him in It seems that after the attempt to bury democracy inthe dictatorship also tried to bury Kelsen.

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Thanks to the World War, which strongly demanded their wool and meat production, Uruguay would know a time of economic growth that intended to strengthen their domestic industries and social redistribution poli- cies to consolidate a large middle class and a proletariat with a degree of satis- faction. This korzeniao, which corresponds to the distinction between pre- scriptive and descriptive function of language,84 avoiding any possible confu- sion between theory and positive law, since korzeniwk are developed in different logical discourse.

De- dereho of all these publications originals and translations can be seen in: Those who think that article 72 puts into crisis the positivist theory, do so because they 80 Sampay, op. Aguinsky is replaced in the chair of Philosophy of Law by Prof.

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The Reception of the Pure Theory of Law in Uruguay | Oscar Sarlo –

Kelsen is not interested in the organisms; he said that for legal studies, one has to find a new method, not studying the facts nor the results of systems; it is necessary to lock oneself in a cabinet and open horizons with imagination. The State is, according to this author, a normative order, an or- der of human behavior, an interpretive scheme. The reception of the Pure Theory of Law in Uruguay a Once the echoes of punlico controversy with Carlos Cossio were closed, Kelsen became interested in theoretical debates in Europe, where his presence intensified.

Postwar distressing fruit, they say, he lacks consistency and has gone with that world. They strongly intro- duced the study of neo-Kantian, phenomenological, and existentialist trends. El concepto de derecho, Montevideo, Ed.

Couture, principal host of Kelsen, left his testimony of the event: First, there was not a theological natural law tradition, nor had entered the neo-Kantianism, as in the rest of Latin America; on the other hand, institutions functioned reasonably well, thanks to a healthy enna. The reception of the Pure Theory of Law in Uruguay d The fourth period — opens with the death of Kelsen, and coincides with the period of dictatorship in Uruguay and South America.

Otherwise, you have to forget about it. Losano, Madrid, Dykinson, The move- ment begins with the publication in Buenos Aires of the translation of the first edition of the PTL in ,26 with Foreword by Kelsen himself, which was reprinted several times, with thousands of copies sold.

However, other teachers and Emilio Biasco — and Juan Pablo Cajarville —who was until recently professor of this matter, are located in the positivist tradition closer to the vi- sion of Kelsen. For Kel- sen there are no real elements. This introduces the criticism of pure theory by the left. And indeed, this very serious threat came true, it was totalitarianism, precisely in the countries from which these books in question had come from.