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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.
For Kelsen, centralization was a philosophically key position to the understanding of the pure theory of law. The pure theory of law is in many ways dependent upon the logical regress of its hierarchy of superior and inferior norms reaching a centralized point of origination in the hierarchy which he termed the basic norm, or Grundnorm. In ...
'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.
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. The Pure Theory champions legal positivism, which draws a clear distinction between the factual "is" and "what ought to be".
Political Question Doctrine, Kelsen theory, legality of government and Constitution, legal order 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 ...
Hans Kelsen is considered one of the preeminent jurists of the 20th century and has been highly influential in Europe and Latin America, although less so in common law countries. His Pure Theory of Law describes law as "binding norms", while at the same time refusing to evaluate those norms. That is, "legal science" is to be separated from ...
During this time he met Hans Kelsen and embraced his Pure Theory of Law together with cosmopolitanism, aversion to nationalism and a commitment to the development of international law through the League of Nations. [3] These ideas hindered his academic career in Austria and in most German-language universities. [3]
The identification of state and law, and the idea that state law and international law are integrated into a single normative system were embraced in the 1920s by the leading Austrian public lawyer and legal philosopher Hans Kelsen, [51] who recognised the debt he owed to Krabbe and praised his work as a "masterly critique of the German theory ...