Kelson pure theory

ppt

1. R ohit S hrivastava Kelson Pure Theory OF Law By-

2. Hans Kelson

3. About Hans Kelson (1881-1973) Hans kelson was the another jurist who has the credit of reviving the original analytical legal thought in the 20 th century through his “pure theory of law.” He was born at Prague in Austria in 1881 and was a professor of law at Vienna university. ……cont.

4. …..continued He was also the judge of supreme constitutional court of Austria for 10 years during 1920-1930. He developed the Austin Positivism theory as KELSON PURE THEORY OF LAW.

5. What is Pure T heory of Law Kelson described law as normative science. It is different from the natural science which are based on cause and effect such as law of gravitation. The law of natural science are capable of being accurately described determined and discovered in the form of “ IS ” which is an essential characteristics of all natural science .

6. ……cont But science of law is knowledge of what law ought to be. It is the ougth character which provides normative character to law. Example - If “A” commits a theft he ought to be punished.

7. Kelson pure theory of law is based on pyramid structure of hierarchy of norms which drive there validity from the basic norm which he termed as G rundnorm . According to this theory kelson consider legal science as a pyramid of norms with G rund norm (basic norm) at the apex. The subordinate norms are controlled by norms superior to them.

8. Silent Features of Theory The theory is aimed to reduce the confusion created by the supporters of natural law theory. This theory of law deals with the knowledge of what law is, and is not concerned about what law ought to be. The theory consider law as a normative science and not a natural science.

9. Criticism of the pure theory of law It is without any sociological foundation. Kelson assertion that all the norms excepting the basic norm( grundnorm ) are pure has no logical basis. This theory is found to be based on hypothetical considerations without any practicability. Kelson theory provides no solution for the conflicts arising out of ideological differences.

10. Applicability of pure theory in India