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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.
Stammler thought it was unrealistic to wait for law to eventually adjust itself to changes in the structure of the economy, as the Marxists would assert. The persistence of class struggle showed that the adjustments were not being made. If law were constantly being adjusted to deal with new social stresses, there would be no conflict. [13]
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 ...
'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.
Lon Luvois Fuller (June 15, 1902 – April 8, 1978) was an American legal philosopher best known as a proponent of a secular and procedural form of natural law theory. Fuller was a professor of law at Harvard Law School for many years, and is noted in American law for his contributions to both jurisprudence and the law of contracts.
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 ...
Legal science is one of the main components in civil law tradition (after Roman law, canon law, commercial law, and the legacy of the revolutionary period).. Legal science is primarily the creation of German legal scholars of the middle and late nineteenth century, and it evolved naturally out of the ideas of Friedrich Carl von Savigny.
Hägerström is considered to be the founding father of the Scandinavian school of legal realism. His disciples Karl Olivecrona, Alf Ross and Anders Vilhelm Lundstedt all take a similar basic view to Hägerström in their opinions on the language of Western law. Due to their verdict on natural law, they also reject the concept of human rights.