ABSTARCT
Hans Kelsen was a legal and political philosopher, an Austrian jurist belonging to legal positivism school and was considered as a leading jurist of time.
He was considered as one of the most highly influential scholars of the 20th century especially in Europe and Latin America. He received 11 honourary doctorates and innumerable awards from all over the world.
Pure theory of law was propounded by Hans Kelson (a professor in Vienna school) and therefore this theory is also known as Vienna school of legal thought. This theory came into after the war of Europe.
The Kelsen’s pure theory of law is considered as a reaction against the idea and working of modern schools, as the modern schools have opened the boundaries of jurisprudence to such a limit that they are now co terminus with that of social science. This theory has rejected the idea of natural law in society.
Hierarchy of normative relations
For him hierarchy of normative relations is science of law. He adding to the theory of Kant forces on what law is and it’s structured rather than what law ought to be.
This theory forces on clarifying the relationship between the fundamental and lower norms. But he never pointed as to say if the fundamental norms are it right or wrong.
Grundnorm, Dynamic process
Normally the legal norms get their validity from any external source that can be ought norms or sanctions. And he also considers that sanction is a element of law just like Austin. But the concept of sanctions from both’s point of view is different.
According to Austin sanction implies as someone is standing outside the rule of law but according to Kelsen it is another kind of norm.
Criticism against Kelsen’s theory
Pure theory of law is theoretical analysis of legal norms and can be easily applicable in a state. And when it comes to international law he comes to the opinion of what it ought to be rather than what it is.
Kelsen’s contribution
His contribution in jurisprudence is considered of great value and he also tried to put his contribution in modern legal thought.
His theory was much criticised in the beginning as it was talking about something original but time by now it is getting appreciation from the jurists.
