The Public International Law Theory of Hans Kelsen - Thorough

In this review of The Public International Law Theory of Hans Kelsen, Jochen von Bernstorff offers a focused study aimed at readers seeking a deeper understanding of Kelsen's attempt to reconcile his Pure Theory of Law with international law. The book is best for graduate students, scholars of legal theory and practitioners interested in intellectual history, because it situates Kelsen within Weimar debates and explains how his liberal cosmopolitan project informed his writing on international law. The bottom line: this is a scholarly, context-rich analysis that clarifies Kelsenian formalism and its contemporary relevance.

Key Features

• Historical context: Examines German international legal discourse in the first half of the twentieth century, clarifying the intellectual climate that shaped Kelsen's ideas.
• Comparative engagement: Discusses reactions from figures such as Carl Schmitt and other Weimar opponents, allowing readers to see Kelsen in dialogue with rivals.
• Methodological link: Explains the relationship between Kelsen's Pure Theory of Law and his international law writings so readers can follow his internal logic.
• Conceptual contribution: Introduces the term reflexive formalism to articulate limits and continuing relevance of Kelsenian formalism for modern international law debates.
• Critical reflection: Offers a cautious assessment of Kelsen's liberal cosmopolitan project, helping readers weigh its strengths and limits in current debates.

Who It's For

This book is suited to law students, academics and researchers who already have some familiarity with legal theory and want a rigorous account of Kelsen's place in international law. It works well as a supplementary text for seminars on legal philosophy or the history of international legal thought.

Readers seeking a general introduction to international law without dense theoretical discussion should look elsewhere, as the book assumes engagement with methodological questions and debates from the Weimar period.

Pros & Cons

Pros

• Clear situating of Kelsen within the German legal debate provides valuable historical grounding.
• Detailed comparison with Weimar opponents such as Carl Schmitt enhances understanding of competing positions.
• The concept of reflexive formalism gives readers a usable framework for assessing Kelsen's continuing relevance.

Cons

• The book's focus on methodological issues may feel dense to readers seeking practical or introductory treatments of international law.

Specifications

Title	The Public International Law Theory of Hans Kelsen
Author	Jochen von Bernstorff
Series	Cambridge Studies in International and Comparative Law, Series Number 68
Subject focus	Relationship between Pure Theory of Law and international law
Historical scope	German international legal discourse in the first half of the twentieth century
Key themes	Reflexive formalism; liberal cosmopolitan project; Weimar opponents

Our Verdict

Von Bernstorff's study is a thoughtful, well-argued resource for specialists who want to understand Kelsen's international law writings in context; it is good value for seminar reading or personal research because it connects methodological rigor with historical debate and offers a clear concept to carry into current discussions.

Frequently Asked Questions

Does this book explain Kelsen's Pure Theory of Law?
Yes, it examines the relationship between the Pure Theory of Law and Kelsen's international law writings to show how his methodology informed his international thought.

Is prior knowledge required?
Some familiarity with legal theory and the Weimar legal debates is helpful; the book is aimed at readers with a scholarly interest rather than complete beginners.

Does it address contemporary relevance?
Yes, the author discusses the limits and continuing relevance of Kelsenian formalism under the term reflexive formalism and reflects on current debates.