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Pure Theory of Law is a book by jurist and legal theorist Hans Kelsen, first published in German in 1934 as Reine Rechtslehre, and in 1960 in a much revised and expanded edition. The latter was translated into English in 1967 as Pure Theory of Law. [1] The title is the name of his general theory of law, Reine Rechtslehre.
In sum, Radbruch's formula argues that where statutory law is incompatible with the requirements of justice "to an intolerable degree", or where statutory law was obviously designed in a way that deliberately negates "the equality that is the core of all justice", statutory law must be disregarded by a judge in favour of the justice principle ...
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; and the relationship between law and other fields of study, including economics , ethics , history ...
John Austin (3 March 1790 – 1 December 1859) was an English legal theorist who posthumously influenced British and American law with an analytical approach to jurisprudence and a theory of legal positivism. [1] Austin opposed traditional approaches of "natural law", arguing against any need for connections between law and morality. Human ...
Theoretical legal positivism is a cluster of theories about the nature of law related to a "statalist" conception of law. [10] They include the theory that the law is a set of commands issued by the sovereign authority, whose binding force is guaranteed by the threat of sanctions (coercitive imperativism); a theory of legal sources, in which ...
Austin believed that positive law was the appropriate focus of study for jurisprudence. He states that: 'Every positive law, or every law simply and strictly so called, is set, directly or circuitously, by a sovereign person or body, to a member or members of the independent political society wherein that person or body is supreme.'
He studied law at Lund University and was a professor of law at the University of Uppsala from 1914 to 1947. Like Hägerström, Karl Olivecrona and Alf Ross, he resists the exposition of rights as metaphysical entities, arguing that realistic legal analysis should dispense with them. Lundstedt's main focus in his theoretical work became a ...
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.