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Kelsen pure theory of law notes pdf

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Pure Theory of Law

Book by Hans Kelsen

Pure Theory of Law is a book by jurist and legal theorist Hans Kelsen, first published in German in 1934 as Reine Rechtslehre, and in 1960 in a much revised and expanded edition. The latter was translated into English in 1967 as Pure Theory of Law. The title is the name of his general theory of law, Reine Rechtslehre.

Kelsen began to formulate his theory as early as 1913, as a "pure" form of "legal science" devoid of any moral or political, or at a general level sociological considerations. 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 ideas relating to legal positivism and international law.

The impact of the book has been enduring and widespread, and it is considered one of the seminal works of legal philosophy of the twentieth ce

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Understanding John Austin's Legal Positivism Theory and Hans Kelsen's Pure Legal Theory

Ali, A. (2009). Menguak Teori Hukum ( Legal Theory ) dan Teori Peradilan ( Judicial Prudence ) Termasuk Interpretasi Undang-Undang ( Legis Prudence ). Kencana Prenada Media Group.

Asshddigie, J., & Safa’at, M. A. (2012). Teori Hans Kelsen Tentang Hukum. Jakarta: Konstitusi Press.

Austin, J. (1995). Austin: The Province of Jurisprudence Determined (W. E. Rumble, Ed.). Cambridge: Cambridge University Press. https://doi.org/10.1017/CBO9780511521546

Cambridge, dictionary. (n.d.). Legal. Retrieved December 26, 2022, from Cambridge Dictionary website: https://dictionary.cambridge.org/dictionary/english/legal

cambridge, dictionary. (n.d.). Positivism. Retrieved December 26, 2022, from Cambridge Dictionary website: https://dictionary.cambridge.org/dictionary/english/positivism

Dicey, A. V. (2007). Lectures on the Relation between Law and Public Opinion in England during the Nineteenth Century (New Edition; R. VandeWetering, Ed.). Indianapolis, IN: Liberty Fund.

Dwi Putro, W

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Kelson pure theory

  • 1. Kelson Pure Theory OF Law

  • 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 20th 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 Theory 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 the

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