Pure Theory of Law

Hans Kelsen

• Publisher: University of California Press
• Year: 2024
• ISBN:
  9780520312296
• Edition: 1
• Topic: Philosophy
• Subtopic: Political Philosophy

Pure Theory of Law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1967.
Pure Theory of Law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept deri

Table of contents

• Cover
• Title
• Copyright
• TRANSLATOR’S PREFACE
• CONTENTS
• LAW AND NATURE
• II LAW AND MORALS
• III LAW AND SCIENCE
• IV THE STATIC ASPECT OF LAW
• THE DYNAMIC ASPECT OF LAW
• LAW AND STATE
• VII STATE AND INTERNATIONAL LAW
• INTERPRETATION