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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.
Kelsen used this word to denote the basic norm, order, or rule that forms an underlying basis for a legal system. The theory is based on a need to find a point of origin for all law, on which basic law and the constitution can gain their legitimacy (akin to the concept of first principles). This basic norm, however, is often described as ...
Hierarchical law as a model for understanding the structural description of the process of understanding and applying the law was central for Kelsen and he adopted the model directly from his colleague Adolf Merkl [de; pt] at the University of Vienna. The main purposes of the hierarchical description of the law was three-fold for Kelsen.
In Kelsen's view, the validity of a legal norm derives from a higher norm, creating a hierarchy that ultimately rests on a "basic norm": this basic norm, not the sovereign, is the ultimate source of legal authority. In addition to Kelsen, other prominent legal positivists of the 20th century include H. L. A. Hart and Joseph Raz.
Kelsen puts forth the argument that the Basic Norm is presupposed when an individual chooses to interpret the actions of authoritative officials in a normative way. [10] In his book Pure Theory of Law, Hans Kelsen aims to provide a holistic definition of law by embodying a comprehensive analysis of legal normativity and systematic structures ...
According to him, sanction is the response to violation of a law. Analyzing sanction under the point of view of efficacy, the relation between law and force appears. For Kelsen, law exists to regulate force. For Bobbio, sanctions are means to obtain the desirable human behavior. Bobbio emphasizes the positive sanctions (awards) in opposition to ...
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Uganda v. Commissioner of Prisons, Ex Parte Michael Matovu, [1] [1966] 1 EA 514, is a decision of the High Court of Uganda in which Hans Kelsen's "General Theory on Law and State" [2] and the Political Question Doctrine were considered in determining the legal validity of Uganda's 1966 Constitution.