Kelson developed the pure theory of law. According to him the theory of law should be uniformly applicable in all places and at all times. It must be free from politics, ethics, sociology, history and so on. According to keelson, ‘the principal according to which the natural science describes its object is causality and the principal according to which the science of law describes its object is normativity. Law consists of a mass of heterogeneous rules and the theory of law organizes these rules into a single ordered pattern. Law, according to him is ‘a system of coercion imposing norms which are laid down by human acts in accordance with a constitution the validity of which is presupposed if it is on the whole efficacious’.
In the hierarchy of norms which constitute the law, the validity of a norm is to be derived from other norms standing behind it and imparting validity to it. In a legal order the hierarchy of norms can be traced back to an initial, basic or fundamental norm on which the validity of the others ultimately rests. This basic or fundamental norm is called the Grundnorm. Kelson distinguished the Grundnorm from the constitution by state thing that the Grundnorm only imparts validity to the constitution and all other norms derived from it, but does not dictate its content. The function of the Grundnorm is to validate the rest of the legal system. There must not be a total disregard of the Grundnorm also there need not be universal adherence to it. When a Grundnorm fails for a minimum support other propositions that obtain support will replace it. This is the cause of revolution in the field of law.
State is viewed by Kelson as a system of human behavior and as an order of social compulsion and law is the normative ordering of human behavior backed by a force that makes the use of force a monopoly of the community. The idea of concretization, the process by which norms get more and more specific was developed by a Kelson. Procedural laws gained importance in his theory. He considered the legal order as a normative structure that provides for sanctions for certain forms of human behavior.
In the hierarchy of norms which constitute the law, the validity of a norm is to be derived from other norms standing behind it and imparting validity to it. In a legal order the hierarchy of norms can be traced back to an initial, basic or fundamental norm on which the validity of the others ultimately rests. This basic or fundamental norm is called the Grundnorm. Kelson distinguished the Grundnorm from the constitution by state thing that the Grundnorm only imparts validity to the constitution and all other norms derived from it, but does not dictate its content. The function of the Grundnorm is to validate the rest of the legal system. There must not be a total disregard of the Grundnorm also there need not be universal adherence to it. When a Grundnorm fails for a minimum support other propositions that obtain support will replace it. This is the cause of revolution in the field of law.
State is viewed by Kelson as a system of human behavior and as an order of social compulsion and law is the normative ordering of human behavior backed by a force that makes the use of force a monopoly of the community. The idea of concretization, the process by which norms get more and more specific was developed by a Kelson. Procedural laws gained importance in his theory. He considered the legal order as a normative structure that provides for sanctions for certain forms of human behavior.
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