PURE THEORY OF LAW MBHAA（纯理论的法律MBHAA）.pdfVIP

PURE THEORY OF LAW 1. The ‘Pure theory of Law’ which is also known as ‘Vienna School of Legal Thought’ was propounded by Hans Kelson, a professor in Vienna (Austria) University. 2. Though the first exposition of theory took place in 1911, it came in full bloom in post- war Europe. The Austria Code, in force at that time was prepared hundred years before when the natural law was at its height. The ‘pure theory of law’ also rejected the idea of natural law. 3. Kelson’s theory came also as a reaction against the modern schools which he considered the boundaries of jurisprudence to such an extent that they seem almost co-terminous with those of social science. 4. After World War-I, most of the countries adopted written constitution the idea of a fundamental law as basis of legal system was referred in them. The idea of ‘Grund Norm’ and the definition of law as “hierarchy of norms” seem to be inspired by the above principle. 5. In the words of Prof. Dias, the pure theory of law of Hans Kelson represents a development in two different directions. It marks the most refined development in two different directions. It marks the most refined development to date of analytical positivism. He sought to expel ideologies of every description and present of law, austere in its abstraction and severe in logic. 6. According to Kelsen ‘pure theory of law means that it is concerned solely with that part of knowledge which deals with law, including from such knowledge everything, which does not strictly belong to the subject matter of law. That is, it endeavours to free the science of law from all foreign elements. This is its fundamental methodological principle’ 7. According to him, a theory of law must deal with law as it is actually laid down and not as it ought to be. In this, he agreed with Austin and insistence on this point got him title of