Pure Theory of Law

By Hans Kelsen and Hans ; Max Knight translator. Kelsen

Book Overview

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

• Format: Paperback
• Language: English
• ISBN: 0520307976
• ISBN13: 9780520307971
• Release Date: May 2022
• Publisher: University of California Press
• Length: 366 Pages
• Weight: 1.19 lbs.
• Dimensions: 0.8" x 6.0" x 9.0"

Customer Reviews

Pleased with my product

This book can be hard going but if you grasp the theories and understand how they are linked with jurisprudence than you will enjoy the book.

The most important book on philosophy of law ever published

This is undoubtely the most important book on philosophy of law ever written. It's the book that broke paradigms (in the Thomas Kuhn sense of expression)and brought scientific dignity to the study of law. You can divide the science of law between "before and after" the Pure Theory. Even other really important books, like "the Concept of Law", by Hart, or "On Law and Justice", by Alf Ross, would be not possible if Kelsen hadn't written this book first.

Kelsen's positivism: an old if necessary step

No doubts Kelsen is to be considered a watershed specially concerned to juridical thought. His efforts to break with the natural theories' tradition is of maximum importance for the basis on what the concepts of law and right were built. What is to be focused - as the importance of the works of Hans Kelsen is no new - is the impossibility of having his theory as the only one to be appliable to modern juridical dogmatics. Reading Kelsen is deffinitely a must for the ones who intend to study Law in deep. Nevertheless is to be kept in mind that his work is not and end in itself,but a solid and well structured beginning point.

Hans Kelsen is extremly successful in buliding his Theory

"Pure Theory of Law" is a classic and a must for Law and Philosophy students. Hans Kelsen is extremly successful in building concepts and also his theory. Although this "pure theory"is extremly criticised nowadays, its reading is essential ,and help readers to understand other theories clearly.