The Pure Theory of Law

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The pure theory of law is a theory of positive law in general not a specific general order. It is a common theory of law, neither a presentation nor international legal norms. However, it offers theory of interpretation and seeks to discover the nature of law itself to determine its structure and its typical forms, independent of the changing content which it exhibits at different times among different peoples. As a theory its sole purpose is to know its subject and attempts to answer the question about what the law is, not how it has to be. The pure theory of law is a science of law, not legal politics. The jurisprudence Kelsen stated in first page of his most famous book, The Pure Theory of Law (1934): "It is more than two decades since I undertook the development of a pure theory of law, that is, a theory of law purified of all political ideology and all natural-scientific elements and conscious of its particular character because conscious of the particular laws governing its object. Right from the start, therefore, my aim was to raise jurisprudence, which openly or covertly was almost completely wrapped up in legal-political argumentation [Raisonnement], to the level of a genuine science, a science of mind [Geistes-Wissenschaft]." The pure theory of law explains the law and attempt to eliminate from the object of this description everything that is not strictly law. Its aim is to free the law from unwanted component. During nineteenth and twentieth century this traditional science of law clearly shows how far it is removed from the postulate of purity. The pure theory of law is a mixture of psychology, sociology, ethics and political theory. According to Stewart: "The pure theory of law undertakes to delimit the cognition of law against these disciplines, not because it ignores or denies the connection, but because it wishes to avoid the uncritical mixture
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