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Strogovic and Kelsen: Theory of a Norm Structure

Publication at Faculty of Law, Faculty of Arts |
2017

Abstract

In this presentation, I would like to point out some problems that stem from materialist legal philosophy, namely from Strogovic's theory of a norm structure and from his specific understanding of logic. My aim will be to explain the theory and to show why it was (and sometimes still is) a widely accepted view in general theories of law in post-socialist countries, then I will compare this theory with alternative approaches (mainly with Kelsen's theory of legal norms) and I will highlight, what are the philosophical problems that Strogovic's theory cannot surmount.

Finally, I will address one of these problems, namely the problem of responsibility, and I will show how his theory, which is grounded in materialist philosophy, de-materialises the notion of responsibility both in relation to natural and juristic persons. As a result, I will argue for rejection of such theory.