Hans Kelsen (Prague 1881 – California 1973)

Notion of Law
What is (Sein) vs. What ought to be (Sollen)
Two kind of rules (ought): law and morality
Law has only one function: the monopolization of force.

Pure theory of Law (1960) (Reine Rechtslehre, 1934)
Restrict analysis to the ‘norms’ (oughts)
He rules out all that cannot be objectively known: the social purpose of law, its political functions, history, politics, sociology... morality

Relativistic positivism A moral and legal relativist (Berkeley speech 1952).
Any will of the Sovereign could be the rule
Ratz: it is true that a racist should behave in a racist way

Validity
A norm, in order to be valid (i.e., binding), must be authorized by another norm which, in turn, is authorized by a higher norm in the system (Grundnorm)

Efficacy
There should be general adherence to the Grundnorm
The principle of legitimacy is restricted by the p. of effectiveness
Revolution: when the new laws of the revolutionary government are effectively enforced, lawyers presuppose a new Grundnorm

Prof. Juan Carlos Riofrio
Jurisprudence