Kelson's Pure theory of law | Jurisprudence important qustion | CCSU | LLB |

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Kelson Key Contribution:
Key Contributions to Legal Philosophy
Pure Theory of Law
Normative Theory (Grundnorm)
Separation of Law & Morality
key role in drafting the Austrian Constitution of 1920
General Theory of Law and State (1945) (In US elaborated Pure Theory)
Main Principles of Pure Theory of Law:
Law as a normative Science!
Law as a normative science means that it deals with norms or rules of human behavior that prescribe how individuals ought to act, rather than describing how they actually act (as in natural sciences).
Normative Aspect:
Law prescribes what is right or wrong, legal or illegal, permissible or prohibited.
It is concerned with ought to be rather than what is.
For example, "One ought not to steal" is a legal norm.
Main Principles of Pure Theory of Law:
Law as a normative Science!
Science Aspect:
Law systematically studies and organizes these norms, making it a field of disciplined inquiry.
It uses logical analysis and principles to study how norms are created, applied, and enforced.
Separation of Law and Morality
Main Principles of Pure Theory of Law:
3. Grundnorm!
The term is a German word meaning "basic norm" or "fundamental norm."
It represents the ultimate legal foundation upon which the validity of all other laws in a legal system is based.
Key features of Gundnorm!
Hypothetical Nature: (not a law or rule that exists physically or in written form)
Source of Legal Validity :all subordinate laws derive their validity
Main Principles of Pure Theory of Law:
Key features of Gundnorm!
Independent of Content: (Separation of moral and law)
Changing Grundnorm: (New Constitution)
4. Hierarchy of Norms.
Norms at higher levels determine the validity of those at lower levels.
Lower norms must conform to higher norms to be considered valid.
Supremacy of higher norms
Pyramid sturcture
Main Principles of Pure Theory of Law:
4. Hierarchy of Norms.
Grundnorm (Basic Norm): The foundational norm at the top that legitimizes the entire legal system (e.g., the principle that the Constitution is supreme).
Constitutional Norms: Derived from the Grundnorm and lay out the structure and principles of governance (e.g., a country's constitution).
Legislative Norms: Laws enacted by legislatures (e.g., statutes and acts passed by Parliament).
Main Principles of Pure Theory of Law:
4. Hierarchy of Norms.
Regulatory Norms: Rules and regulations issued by administrative bodies or agencies.
Judicial Norms: Case laws or precedents established by courts.
Individual Acts: Specific decisions or orders applying laws to individual cases (e.g., court orders, contracts).
Main Principles of Pure Theory of Law:
In India.
Grundnorm: The Constitution of India.
Constitutional Norms: Fundamental Rights, Directive Principles, and constitutional amendments.
Legislative Norms: Acts passed by Parliament (e.g., IPC, IT Act).
Regulatory Norms: Rules under acts, such as motor vehicle rules.
Judicial Norms: Supreme Court judgments, binding on lower courts.
Individual Acts: Decisions by government authorities or private agreements.
5. No room of subjectivity.
Main Principles of Pure Theory of Law:
Criticism
Neglects morality and justice.
Abstract nature of Grundnorm. (yet the Grundnorm itself is presumed valid without proof.)
Exclusion of law’s social function. (Detachment of social reality).
Inadequate explanation of judicial role.
Difficult in application in international law.

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