Hans Kelsen's Pure Theory of Law

Hans Kelsen's Pure Theory of Law

Legal Positivism

• Kelsen's Pure Theory of Law is a form of legal positivism, which emphasizes the distinction between law and morality
• Legal positivism holds that law is a matter of social fact, and that its validity is based on its origin, not on its moral content
• Kelsen rejects the idea that law is derived from natural law or moral principles

Jurisprudence

• Kelsen's Pure Theory of Law is a contribution to the field of jurisprudence, which is the philosophical study of law
• Jurisprudence aims to understand the nature of law, its relationship to morality, and its role in society
• Kelsen's theory is a response to traditional approaches to jurisprudence, which he sees as flawed and unclear

Legal Norms

• Kelsen's theory is centered on the concept of legal norms, which are rules that guide human behavior
• Legal norms are seen as a system of hierarchically organized rules, with the constitution at the top and individual laws and regulations below
• Kelsen argues that legal norms are valid because they are based on a higher norm, which is the constitution

Derecho Positivo (Positive Law)

• Kelsen's theory is often referred to as "Derecho Positivo" or "Positive Law"
• This term emphasizes the idea that law is a product of human creation, rather than a natural or divine institution
• Derecho Positivo is based on the idea that law is a system of rules created by humans to regulate their behavior

Iusnaturalismo (Natural Law)

• Kelsen rejects the idea of Iusnaturalismo, which holds that law is based on natural law or moral principles
• Iusnaturalismo is seen as a flawed approach to law, which confuses law with morality
• Kelsen argues that law is a separate and autonomous system, which is not derived from natural law or moral principles

Explora la teoría del derecho puro de Hans Kelsen, que se centra en la distinción entre la ley y la moralidad, y su relación con la jurisprudencia y el derecho positivo.