Pure Theory of Law

Hans Kelsen was a prominent Austrian theorist of law and politics and the founder of so-called normativism. His Pure Theory of Law ranks among the most important works of legal philosophy of the 20th century. It is his opus magnum, which took shape gradually throughout the whole of his active career. In this seminal text, he departs from natural-law doctrine and from the intrusion of values, morality, and ideology into legal science. By separating law from sociology and morality with surgical precision, he was confronted with the problem of the ground of the validity of law. Since that ground can no longer be constituted by authoritative determination, social efficacy, or an external reason vis-à-vis law such as Reason or the Good, he formulates an analytical ground of validity: namely, the basic norm, this hypothetical presupposition of the existence of every legal order. Hans Kelsen left behind an extraordinarily extensive body of work; owing to his contribution, a consistent and original analytical conception of legal science – the pure theory of law – took shape.
Author: Hans Kelsen