We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Unpacking the Pure Theory of Law: Kelsen's Legal Philosophy
Definition & Meaning
The pure theory of law is a legal philosophy introduced by Austrian jurist Hans Kelsen. It asserts that a legal system should be self-contained and not influenced by external factors such as ethics or social values. According to this theory, laws are norms established by the state, and their validity is derived from other legal norms. The foundation of this system is a basic norm, known as the grundnorm, which serves as the ultimate source of legal authority.
Table of content
Legal Use & context
The pure theory of law is primarily used in legal philosophy and jurisprudence. It is relevant in various legal areas, including:
Constitutional law
Administrative law
International law
This theory helps legal practitioners understand the nature of laws and their enforcement. Users can explore legal templates related to compliance and norms through platforms like US Legal Forms, which provide resources for managing legal documents effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A state law that mandates specific procedures for filing a lawsuit is valid because it is established by the state's legal framework and follows the hierarchy of norms.
Example 2: (hypothetical example) A new regulation introduced by a city council that outlines noise control measures is valid as it derives its authority from the state's legal norms.
State-by-state differences
Examples of state differences (not exhaustive):
State
Legal Framework Variations
California
Strong emphasis on public policy in interpreting laws.
Texas
Focus on statutory interpretation and less on external norms.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Natural Law
Law based on moral principles inherent in human nature.
Pure theory of law excludes moral considerations.
Legal Positivism
Philosophy that law is a set of rules and norms created by society.
Pure theory emphasizes a hierarchy of norms, while legal positivism focuses on the existence of laws.
Common misunderstandings
What to do if this term applies to you
If you are dealing with a legal issue related to the pure theory of law, consider the following steps:
Research the specific laws and norms applicable to your situation.
Consult legal professionals if the matter is complex or unclear.
Explore US Legal Forms for templates that can help you draft necessary legal documents.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Excludes: External moral or ethical considerations
Key takeaways
Frequently asked questions
The grundnorm is the basic norm that serves as the foundation for all other legal norms within a legal system.
The pure theory of law focuses on the validity of laws without considering moral implications, while natural law is based on inherent moral principles.
Yes, the theory does not assess the justice of laws; it only addresses their validity within the legal system.