pure theory of law
Kelsen (1881–1973), in his Pure Theory of Law, sought to make legal science “pure” by excluding ethics, psychology, sociology and politics. Law is a system of “ought” norms. Each norm is valid because it is authorised by a higher norm: an order by a statute, a statute by the constitution, and so on, up to the grundnorm, the basic norm that is presupposed and not itself derived from any other norm.
The grundnorm is valid so long as the legal order as a whole is by and large effective. Kelsen therefore explained revolutions as a change of grundnorm. Critics say the theory is circular about the grundnorm and cannot be completely free of fact and value. It is a form of legal positivism.
Example
On the pure theory of law, an ordinance is valid because a higher norm, the Constitution, authorises it, not because it is just.
See also
grundnorm · legal positivism · jurisprudence · sources of law
Read more in the study notes
- Theories of justice and the Indian constitutional idea of justice (Judicial and Legislative Process)
- Torts against property (Law of Torts)
- Rights: conception, definition, characteristics and kinds (Legal Concepts)
- Duty, obligation and liability, and the sources from which they arise (Legal Concepts)
- Legal personality: natural and legal persons, the unborn, the dead, animals, and the theories (Legal Concepts)
- Corporations, associations, multinational corporations and transnational juristic personality (Legal Concepts)