Adolf Julius Merkl Research Papers (original) (raw)
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The article presents Merkl’s main contributions to Kelsen’s pure theory of Law. The employed method consists in the bibliographical research of Merkl’s and Kelsen’s writings as well as the relevant literature on the subjects covered. The... more
The article presents Merkl’s main contributions to Kelsen’s pure theory of Law. The employed method consists in the bibliographical research of Merkl’s and Kelsen’s writings as well as the relevant literature on the subjects covered. The reach of Merkl’s influence to Kelsen’s legal theory is highlighted through an analysis and comparison of Merkl’s with Kelsen’s writings. It is pointed out that Merkl’s influence on Kelsen is not restricted to the doctrine of the hierarchical structure, since it also comprises the discussions on lex posterior, error-calculus/alternative empowerment and legal interpretation.