What is Hans Kelsen 's theory all about in simple language?

Answer 1

How much time have you got??? :)

As simple as I can put it, Kelsen believes we all live by a system of norms, these are standards or rules that tell us how something ought to be.

Norms have 2 distinguishing features

1: They are set within a hierarchy

2: Breaching a legal norm will lead to a sanction or repremand

Kelsen believes in 3 types of argument based on premise

1 DEDUCTIVE ARGUEMENT

a) All men are mortal (MAJOR PREMISE)

b) Socrates is a man (MINOR PREMISE)

C) Therefore Socrates is mortal (CONCLUSION)

2INDUCTIVE ARGUMENT

a)all swans seen so far by mankind are white

b) Alan has a pet swan

c)therefore, Alan's swan is (probably) white

3:ABDUCTIVE ARGUMENT

a)in the history of judicial decisions they seem to deviate from stated legal principles

b)the best explanation of this is that judges are deciding cases on personal bias and opinion

c)Therefore judges (probably) decide case on personal bias

KELSENS THEORY ON NORMS, each number is called a premise and uses the same argument as above

1 norms of ordinary law are valid

2 norms can only be validated by other norms

3 (1) is only possible if and only if their are norms which validate it

4 norms of ordinary law (law written down, constitution, legislation etc) are validated by higher norms

5 there is a hierarchy of legal norms

6 this higherarchy cannot be infinite

7 therefore, there must be a highest norm

8: this highest norm is called a grundnorm

This isn't very detailed but is enough to expand on and pass a test on Kelsen

best of luck

MG Smith (Bachelor of Law Cambridge University UK) (Masters of Jurisprudence, Durham University UK) (final year PhD student of Legal Philosophy Cambridge University UK)

Answer 2

Hans Kelsen's theory, known as the Pure Theory of Law, emphasizes the idea that law should be viewed as a self-contained system of rules that are created and interpreted separately from moral or political considerations. He believed that the validity of a law depends on its place within the legal system's hierarchy of norms, rather than on its content. In essence, Kelsen's theory seeks to provide a logical and structured framework for understanding how laws function within society.