Pure Theory
Pure Theory
Pure Theory
Postulates of Kelsen
Law is a norm of action
The basic problem in Kelson's Pure Theory of Law is the derivation of norms. The
question of the criterion of the testing of lawness of these norms exists.
Criticism
Lauterpacht's criticism - Primacy of international law over state law is a
back door entry permitted by Kelsen's theory to natural law.
Allen's criticism - Sources of law like custom, statute and precedent are
co-ordinate and do not admit of arrangement in a hierarchical pattern
adopted by Kelsen.
Friedmann's criticism - Pure science of law by Kelsen is inadequate from
point of view of legal theory. The sphere of law is now intersecting spheres
traditionally allotted to other social sciences like Economics, Psychology
and Sociology.
Related Topics
Normative Jurisprudence
Locus stadi