Hans Kelsen was an Austrian jurist who developed the "pure theory of law" in the 20th century. He viewed legal science as a pyramid of norms with a basic norm (Grundnorm) at the apex, and subordinate norms controlled by norms above them. Kelsen's theory aimed to reduce confusion caused by natural law theory by treating law as a normative science rather than a natural science. However, critics argue that Kelsen's theory lacks sociological foundation and practical applicability, and provides no solution for conflicts arising from ideological differences.

1. Kelson Pure Theory OF
Law

2. Hans Kelson

3. About Hans Kelson (1881-1973)
 Hans kelson was the another jurist who has the
credit of reviving the original analytical legal
thought in the 20th century through his “pure
theory of law.”
 He was born at Prague in Austria in 1881 and
was a professor of law at Vienna university.
……cont.

4. …..continued
 He was also the judge of supreme
constitutional court of Austria for 10 years
during 1920-1930.
 He developed the Austin Positivism theory
as KELSON PURE THEORY OF LAW.

5. What is Pure Theory of Law
 Kelson described law as normative science.
 It is different from the natural science which
are based on cause and effect such as law of
gravitation.
 The law of natural science are capable of
being accurately described determined and
discovered in the form of “IS” which is an
essential characteristics of all natural
science.

6. ……cont
 But science of law is knowledge of what
law ought to be. It is the ougth character
which provides normative character to
law.
 Example - If “A” commits a theft he
ought to be punished.

7.  Kelson pure theory of law is based on
pyramid structure of hierarchy of norms
which drive there validity from the basic
norm which he termed as Grundnorm.
 According to this theory kelson consider
legal science as a pyramid of norms with
Grundnorm (basic norm) at the apex.
 The subordinate norms are controlled by
norms superior to them.

8. Silent Features of Theory
 The theory is aimed to reduce the
confusion created by the supporters of
natural law theory.
 This theory of law deals with the
knowledge of what law is, and is not
concerned about what law ought to be.
 The theory consider law as a normative
science and not a natural science.

9. Criticism of the pure theory of law
 It is without any sociological foundation.
 Kelson assertion that all the norms excepting
the basic norm(grundnorm) are pure has no
logical basis.
 This theory is found to be based on
hypothetical considerations without any
practicability.
 Kelson theory provides no solution for the
conflicts arising out of ideological differences.

10. Applicability of pure theory in India