Kelson's Pure Theory of Law
Abstract.
This paper deals with the basic causes of numerous - often extremely negatively intoned - critical estimations said on the account of Kelson's pure theory of law and exposes essential properties of certain phases of its development; point to the contribution of Merkl and Verdross to the making of pure theory of law and to the main determinants of Kelsen's attempts to formalize jurisprudence (the science of law) for the purpose of creating conditions for exact and objective study of positive law; analyzes the meaning and scope of Kelsen 's normativisms and provides his views of further making of the pure theory of law.
Aim and objectives of the research paper:
The aim of theory of law is to reduce chaos and multiplicity to unity. Legal theory is a science and not volition. It is knowledge of what the law ought to be. Law is a normative and not a natural science. As a theory of norms legal theory is not concerned with the effectiveness of the legal norms. A theory of law is formal, a theory of the way of ordering,changing concepts in a specific way. The relation of legal theory to a particular system of positive law is that of possible to actual law.
Research question:
1. The Concept of Law and the Doctrine of the Reconstruc¬ted Legal Norm
2. Two statements of which one affirms the validity of a norm prescribing that men ought 3. To behave in a certain way, and the other the validity of a norm prescribing that men ought not to behave in this way.
4. To find the just norms of human behavior in the nature of man, particularly in his reason.
5. Overcoming the Dualism of Legal Theory
6. The Legal System and its Hierarchical Structure
Introduction
From its origin in 1911 to date, the pure theory of law of Hans Kelsen (1881-1873), doubtlessly a leading law scientist of the 20'th century, is almost a lasting challenge to the renowned workers in the domain of jurisprudence (the science of law), but also the subject of ongoing critical
This paper deals with the basic causes of numerous - often extremely negatively intoned - critical estimations said on the account of Kelson's pure theory of law and exposes essential properties of certain phases of its development; point to the contribution of Merkl and Verdross to the making of pure theory of law and to the main determinants of Kelsen's attempts to formalize jurisprudence (the science of law) for the purpose of creating conditions for exact and objective study of positive law; analyzes the meaning and scope of Kelsen 's normativisms and provides his views of further making of the pure theory of law.
Aim and objectives of the research paper:
The aim of theory of law is to reduce chaos and multiplicity to unity. Legal theory is a science and not volition. It is knowledge of what the law ought to be. Law is a normative and not a natural science. As a theory of norms legal theory is not concerned with the effectiveness of the legal norms. A theory of law is formal, a theory of the way of ordering,changing concepts in a specific way. The relation of legal theory to a particular system of positive law is that of possible to actual law.
Research question:
1. The Concept of Law and the Doctrine of the Reconstruc¬ted Legal Norm
2. Two statements of which one affirms the validity of a norm prescribing that men ought 3. To behave in a certain way, and the other the validity of a norm prescribing that men ought not to behave in this way.
4. To find the just norms of human behavior in the nature of man, particularly in his reason.
5. Overcoming the Dualism of Legal Theory
6. The Legal System and its Hierarchical Structure
Introduction
From its origin in 1911 to date, the pure theory of law of Hans Kelsen (1881-1873), doubtlessly a leading law scientist of the 20'th century, is almost a lasting challenge to the renowned workers in the domain of jurisprudence (the science of law), but also the subject of ongoing critical