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Article
The Role of Recognition in Kelsen's Account of Legal Obligation and Political Duty
Austrian Journal of Political Science
  • David Ingram, Loyola University Chicago
Document Type
Article
Publication Date
9-1-2022
Pages
52-61
Abstract

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as friends who altruistically care for each others’ welfare, and as fallible agents of diverse experiences and worldviews.

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Author Posting. © 2022, OZP. This article is posted here by permission of OZP for personal use, not for redistribution. The definitive version was published in Austrian Journal Of Political Science Vol 51, issue 3 (2022). https://doi.org/10.15203/ozp.3657.vol51iss3

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Citation Information
David Ingram. "The Role of Recognition in Kelsen's Account of Legal Obligation and Political Duty" Austrian Journal of Political Science Vol. 51 Iss. 3 (2022)
Available at: http://works.bepress.com/david_ingram/32/