pure theory

Hans Kelsen

Developed the Pure Theory of Law, aiming to clarify the nature of law.

Pure Theory of Law

A refined form of analytical positivism that establishes a clear framework for understanding law.

Normativity

The concept that law is fundamentally about norms—propositions dictating what should happen under certain conditions.

Grundnorm

The basic norm from which all other legal norms derive their validity; unique in the legal hierarchy.

Dynamic Legal Systems

Legal systems where new norms are created.

Static Legal Systems

Legal systems that remain unchanged until a new Grundnorm is established.

Legal Propositions

Propositions that express what ought to happen, in contrast to scientific propositions which express what necessarily happens.

Depsychologized Command

Kelsen's view that legal commands do not imply a psychological will, differentiating from Austin's command theory.

Hierarchy of Norms

Kelsen's structured hierarchy where each legal norm is derived from a higher norm, culminating in the Grundnorm.

The Role of Norms in Law

Norms serve as building blocks of legal systems, guiding behavior and establishing legal obligations.

Kelsen's Focus on Norms

Allows for systematic analysis of legal rules, facilitating a clearer understanding of their interrelations and applications.

The Effectiveness of the Grundnorm

A point of contention as Kelsen does not provide criteria for measuring it, impacting the theory's purity.

Collective Acceptance

The importance of collective support in establishing the legitimacy of the Grundnorm.

Revolutionary Changes

Significant shifts in the legal order that can occur when a new Grundnorm gains acceptance.