| 释义 |
pure theory of law
A form of legal positivism propounded by the Austrian theorist Hans Kelsen (1881–1973) that seeks to expunge all “impurities” from its “scientific” account of law. Such impurities include psychology, sociology, ethics, and political theory. If we are to arrive at a scientific (as opposed to a subjective, value-laden) theory of law, Kelsen claims, we need to restrict our analysis to the “norms” of positive law, i.e. those norms that provide that if conduct X is performed, then sanction Y should be applied by an official to the offender. The theory therefore rules out all that cannot be objectively known, such as the social purpose of law, or its political functions. Law has only one function: the monopolization of force. Every society has a basic norm (Grundnorm) that must be accepted by the officials of that society for there to be an effective and valid legal order. |