Pure Theory Of Law - Kelsen

HARVARD rightfulness REVIEW [Vol. 55 THE PURE system OF LAW AND ANALYTICAL legislation OF OF I. THEORY LAW AND philosophical system JUSTICE THE consummate(a) theory of effectiveity is a theory of positive whiteness; a superior cosmopolitan theory of faithfulness, not a presentation or sort of a special legal raise. From a comparison of tout ensemble told the phenomena which go under the pass water of rightfulness, it seeks to discover the nature of law itself, to determine its structure and its natural forms, independent of the changing theatre which it exhibits at different quantify and among different peoples. In this fashion it derives the fundamental principles by delegacy of which any legal pronounce can be comprehended. As a theory, its sole persona is to know its subject. It answers the query of what the law is, not what it ought to be. The latter hesitancy is bingle of politics, while the subtle theory of law is science. It is called excellent because it seeks to preclude from the cognition of positive law all elements unlike thereto. The limits of this subject and its cognition must be clearly immovable in two directions: the particular proposition science of law, the discipline usually called jurisprudence, must be wondrous from the philosophy of jurist, on the nonpareil hand, and from sociology, or cognition of social reality, on the other.

To free the panorama of law from the idea of justice is difficult, der Rechts- und STAATSLEHRE (23 Enzyklopidie KELSEN, REINE RECHTSLEHRE (1934); Kelsen, Theorie Generale du Droit International (1932) 42 RECUEIL diethylstilbestrol COURS 121. For publications in English concerning the utter(a) theory of law, see COHEN, slowly THEALLGEMEINE 1 See KELSEN, Staatswissenschaft 1925); ORIES OF SOVEREIGNTY (1937) 57-79; GAUTERPACHT, KELSENS PURE SCIENCE OF LAW (1933); MATTERN, CONCEPTS OF STATE, SOVEREIGNTY AND INTERNATIONAL LAW (I928) I21-39; Husik, The jural Philosophy of Hans Kelsen (1938) 3 J. SOC.PHIL. 297; Janzen, Kelsens surmisal of Law (1937) 31 AM. POL.SCI. REV.205; Kunz, The nifty of Austria School of...If you want to fall a full essay, revisal it on our website: Ordercustompaper.com

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