Common

Pure Theory of Law

Book by Hans Kelsen

Pure Theory of Law

Common card · No. 493401

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. The title is the name of his general theory of law, Reine Rechtslehre. Kelsen began to formulate his theory as early as 1913, as a "pure" form of "legal science" devoid of any moral or political, or at a general level sociological considerations. Its main themes include the concept of "norms" as the fundamental building blocks of law and hierarchical relations of empowerment among them, including the idea of a "basic norm" providing an ultimate theoretical basis of empowerment; the ideas of "validity" and "efficacy" of norms; legal "normativity"; absence of any necessary relation between law and morality; complete separation between description and evaluation of law; and ideas relating to legal positivism and international law. The impact of...

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