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'Basic norm ' (German: Grundnorm) is a concept in the Pure Theory of Law created by Hans Kelsen, a jurist and legal philosopher. Kelsen used this word to denote the basic norm, order, or rule that forms an underlying basis for a legal system.
Already in 1913, Kelsen had identified the need for a legal theoretic framework to support the idea of the Rechtsstaat. [5]Adolf Julius Merkl [de; pt] was a student of Kelsen's who made important contributions starting in 1918 in the area of hierarchy of norms that would help underpin some of Kelsen's ideas on norms and how they fit into his pure theory of law.
Hans Kelsen (/ ˈ k ɛ l s ən /; German: [ˈhans ˈkɛlsən]; October 11, 1881 – April 19, 1973) was an Austrian jurist, legal philosopher and political philosopher.He was the principal architect of the 1920 Austrian Constitution, which with amendments is still in operation.
In a simple society, Hart states, the recognition rule might only be what is written in a sacred book or what is said by a ruler. Hart claimed the concept of rule of recognition as an evolution from Hans Kelsen's ' basic norm ' (German: Grundnorm). The Rule of Change, the rule by which existing primary rules might be created, altered or deleted.
From this framework, Kelsen opined that the regression of validated norms cannot go on infinitely and must arrive at a first cause, which he called a ' basic norm ' (German: Grundnorm). The legal system is therefore a system of legal norms connected to one another by their common origin, like the branches and leaves of a tree.
One definition is that law is a system of rules and guidelines which are ... each legal system can be hypothesised to have a ' basic norm ' (German: Grundnorm ...
A legal norm is a binding rule or principle, or norm, that organisations of sovereign power promulgate and enforce in order to regulate social relations.Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time.
The Concept of Law is a 1961 book by the legal philosopher H. L. A. Hart and his most famous work. [1] The Concept of Law presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic philosophy.