Home » Jurisprudence

Pure theory of Law

Hans Kelsen Hans Kelsen was professor of law at the Vienna University. He was Judge of Supreme Court of Austria for 10 years (1920-30). Hans Kelsen expounded his pure theory of Law that was named as ‘positivist of positivists’. Law is pure on two counts. It is a science that is different from: a. morals; and b. fact. This came as a reaction against totalitarianism. The theory of law should be uniform from the mass heterogenous rules so that a single ordered pattern could be followed. (uniformity in law). Law a normative science and not natural science. Natural science deals with only cause and effect (interpretation), which cannot be true in law. Normative science is expected human behavior set up by an authority. Law defines murder and defines punishment of murder. Thus, norm is the meaning of an act by which certain behavior is commanded, permitted or authorised. When these norms are obeyed, legal order will have the validity. Eg: CrPC is the norm commanded by Criminal Court.