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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.
'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 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 ...
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 ...
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.
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 ...
He states that eternal law, or God's providence, "rules the world… his reason evidently governs the entire community in the universe.” Aquinas believes that eternal law is all God’s doing. Natural law is the participation in the eternal law by rational creatures. Natural law allows us to decide between good and evil.
A belief in the instrumental nature of the law. Like Dewey and Pound, the realists believed that law does and should serve social ends. Judges take account of considerations of fairness and public policy, and they are right to do so. [15] A desire to separate legal from moral elements in the law. The realists were legal positivists who believed ...