Kelson's Pure Theory of Law
5026 WordsFeb 11, 201321 Pages
Abstract.
This paper deals with the basic causes of numerous - often extremely negatively intoned - critical estimations said on the account of Kelson's pure theory of law and exposes essential properties of certain phases of its development; point to the contribution of Merkl and Verdross to the making of pure theory of law and to the main determinants of Kelsen's attempts to formalize jurisprudence (the science of law) for the purpose of creating conditions for exact and objective study of positive law; analyzes the meaning and scope of Kelsen 's normativisms and provides his views of further making of the pure theory of law.
Aim and objectives of the research paper:
The aim of theory of law is to reduce chaos and multiplicity to unity.…show more content… what mainly is not taken care of enough, so that the programming determinations are identified with the completed results and thus mixed that what is instructive with that formal and vice versa, as well as that which represents its subject, that is, with the positive law.
On the other hand, Kelsen's scientific activities span a period of more than 60 years, so that it is quite natural that between the initial and formal formulations of his key views there are sometimes significant, even essential differences that reasonably give a pretext for two mutually opposing concepts - classical and a new pure theory of law to be spoken
When one approaches consideration and estimation of Kelsen's scientific creative work, it is necessary, first of all, general methodological attitudes to be precisely identified and separated from the material statements; the difference between them, as it is usually said, is often very "slippery"? what mainly is not taken care of enough, so that the programming determinations are identified with the completed results and thus mixed that what is instructive with that final and vice