Full width home advertisement

Welcome Home


Post Page Advertisement [Top]


Kelsen’s pure theory of law
(1) Law is a Normative Science: According to Kelsen, law is a normative science but law norms of science are norms of IS (Sein) means law norms may be distinguished from science norms on the ground that norms of science are norms. Kelsen law is a despsy cologized command a command which does not imply a will in a psychological sense of the term.
(2) Hierarchy of Normative Relations: The science of law to Kelsen is the knowledge of hierarchy of normative relations. He builds on Kant’ theory of knowledge and extends this theoretical knowledge to law also.
(3) Separation of Law from other social Science and morals : Kelsen limits the scope of Jurisprudence by excluding its relation with any social science. He seperates law from politics sociology metaphysics and all other extra-legal disciplines. He defines science as a system of knowledge or a totality of cognitions systematically arranged according to logical principles. Kelsen’s grand norms are analogous Austin’s concept of sovereign without which law cannot be obligatory and binding. There Kelsen’s pure theory of law is a theory of positive law based on normative order criminating all extra: legal and non-legal elements from it.
(4) The Grundnorms: Kelsen pure theory of law is based on paramedical structure of hierarchy of norms which derive their validity from the basic norms which he Termed as Grundnorms.
(5) Pyarmid of norms: Kelsen considers legal science as Pyarmid norms with Grundnorm at the apex. The subordinate norms are controlled by norms superior to them in hierarchical order. The Gurndnorms is however independent of any other norm being at the apex. For example: a statute or law is valid because it derives its legal authority from the legislature body.
Essential Features of Kelson’s Theory
(1) The aim of a Theory of Law.
(2) Legal Theory is Science not volition it is knowledge of what the law is not of what the law ought to be
(3) The Law’s a normative not a natural science.
(4) Legal theory as a theory of norms is not concerned with two effectiveness of legal norms
(5) A theory of law is formal
(6) The relation of legal theory to a particular system of positive law is that of possible to actual law.
Postulates of Kelsen’s Theory
(1) Law and State are not two different things.
(2) No distinction between public and private law
(3) No difference between natural and justice persons.
(4) No individual rights
(5) Supremacy of international law
Criticism of Kelsen’s Pure Theory
(1) Grund norms is vague and confusing
(2) Purity of norms cannot be maintained.
(3) No practical significance.
(4) Natural law ignored
(5) International law weakest point of the theory.
Kelsen’s Contribution The credit goes to Kelsen for evolving a Pure theory of law. He has separated Jurisprudence from all other social science and liberated the flaw from the metaphysical must with which it has been covered at all times by speculations of justice or by the doctrine of exponent of the Viennese jus natural. His views on law are contained in his book entitled (General Theory of Law and State)

No comments:

Post a Comment

Bottom Ad [Post Page]