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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.
The dynamic theory of law is singled out in this subsection discussing the political philosophy of Hans Kelsen for the very same reasons which Kelsen applied in separating its explication from the discussion of the static theory of law within the pages of Pure Theory of Law. The dynamic theory of law is the explicit and very acutely defined ...
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 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 ...
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 of values or jurisprudence of principles is a school of legal philosophy. This school represents, according to some authors, a step in overcoming the contradictions of legal positivism [note 1] and, for this reason, it has been considered by some authors as a post-positivism school. [1]
[7] [50] [51] Many of his contributions to the study of international law are based on Kelsen's theory of law and the state, which Verdross largely embraced, including the idea of the unity of law, the hierarchical structure of the legal system (so-called Stufenbau ) and the concept of basic norm (Grundnorm). [52] [53] [54] [55]