Pure Theory of Law

Pure Theory of Law
AuthorHans Kelsen
Original titleReine Rechtslehre
TranslatorMax Knight
LanguageGerman
Genrelegal philosophy
PublisherUniversity of California Press, Franz Deuticke
Publication date
1960
Publication placeAustria
Published in English
1967
Media typeprint
Pages356
OCLC349106

Pure Theory of Law is a book by jurist and legal theorist Hans Kelsen, first published in German in 1934 as Reine Rechtslehre, and in 1960 in a much revised and expanded edition. The latter was translated into English in 1967 as Pure Theory of Law.[1] The title is the name of his general theory of law, Reine Rechtslehre.

Kelsen began to formulate his theory as early as 1913, as a "pure" form of "legal science" devoid of any moral or political, or at a general level sociological considerations. Its main themes include the concept of "norms" as the fundamental building blocks of law and hierarchical relations of empowerment among them, including the idea of a "basic norm" providing an ultimate theoretical basis of empowerment; the ideas of "validity" and "efficacy" of norms; legal "normativity", complete separation from morality, and ideas relating to legal positivism and international law.[1]

The impact of the book has been enduring and widespread, and it is considered one of the seminal works of legal philosophy of the twentieth century.

  1. ^ a b Marmor 2021, The Pure Theory of Law.