2002年11月18日 · The idea of a Pure Theory of Law was propounded by the formidable Austrian jurist and philosopher Hans Kelsen (1881–1973) (see the bibliographical note). Kelsen began his long career as a legal theorist at the beginning of the 20th century.

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", complete separation from morality, and id...

2024年8月11日 · Hans Kelsen’s Pure Theory of Law is a foundational framework in legal positivism that seeks to understand law purely as a system of norms, free from external influences like politics, morality, or social sciences. Kelsen’s approach emphasizes the hierarchical structure of legal systems, viewing law

2022年5月11日 · In the first paragraph of the pure theory of law, Kelsen introduces his theory as a theory of positive theory. This principle of positive law is then presented by Kelson as a hierarchy of laws that begins with one basic norm, i.e. Grundnorm ‘, where all other norms are related to each other either being inferior norms. 3. Law “As it is”

2018年5月26日 · Whilst the famous jurist Hans Kelsen (1881–1973) was the founder of the Pure Theory, the ‘theory of the hierarchical structure’ has been introduced by Kelsen’s disciple Adolf J. Merkl (1890–1970) in 1918 and is accepted also by those who do …

come immediately to the central element of Kelsen's theory: the idea of a hierarchy of norms. The hierarchy of norms Since Kelsen, as a pure positivist, insists that morality must play no part in identifying law, he must clearly look elsewhere for the distinctive factor

2022年3月5日 · Kelsen’s pure theory of law features a pyramidal hierarchy based on the grundnorm as the foundational norm. Grundnorm is a German term that means “fundamental norm.” He defines it as “the assumed ultimate rule by which the norms of this order are constituted and annulled, and their validity is received or lost.”

2021年6月6日 · This pure theory of law is given by Kelsen and it tells us about the hierarchy of norms. Kelsen further concluded that his order contains so many rules so it should be put in an order in a systematic way.

In short, the Pure Theory of Law by Hans Kelsen is a way to understand law systematically without mixing in moral or political ideas. It's based on the idea of a hierarchy of norms, where each law follows a higher one.

2023年3月11日 · The Stufenbau theory, also known as the hierarchy of norms, was developed by the Austrian jurist and legal theorist Hans Kelsen in the early 20th century. The theory is a central concept in Kelsen's Pure Theory of Law, which seeks to provide a systematic and logical approach to legal analysis and interpretation.