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Article

Кельзен, теория толкования и структура правового порядка

Тропер М.

In this article M. Troper sets out the key ideas of his realist theory of legal interpretation through juxtaposition of these ideas to the conception of interpretation developed by the Austrian philosopher Hans Kelsen. Troper insists that logical coherence of the Kelsenian understanding of a legal norm as of a meaning inevitably leads to the idea that the real legislator is not a parliament but a judge who applies the legal texts created by a parliament. Determining the norms from these legal texts, the judges form the real legal order which consists of several particular judicial orders.