Publisher's Synopsis
Who decides whether legal rulings are actually lawful and with what consequences? This question, which can be stylised as the problem of "unlawful law" , divided minds within the Vienna School of Jurisprudence around Hans Kelsen and formed the core of a bitter controversy between two of his most gifted students, Adolf Julius Merkl and Fritz Sander. This polemic (ca. 1918-1930), in its idea-historical and legal-theoretical facets, is the subject of the present work, which sees itself as a polemography.