{"id":34130,"date":"2026-10-13T07:45:11","date_gmt":"2026-10-13T07:45:11","guid":{"rendered":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/?p=34130"},"modified":"2026-10-13T07:48:35","modified_gmt":"2026-10-13T07:48:35","slug":"kelsens-pure-theory-of-law-the-grundnorm-and-the-hierarchy-of-norms","status":"publish","type":"post","link":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/kelsens-pure-theory-of-law-the-grundnorm-and-the-hierarchy-of-norms\/","title":{"rendered":"Kelsen\u2019s Pure Theory of Law: The Grundnorm and the Hierarchy of Norms"},"content":{"rendered":"\n

<\/span>Hans Kelsen\u2019s Pure Theory of Law<\/span><\/h1>\n\n\n\n

<\/span>Introduction<\/span><\/h2>\n\n\n\n

Hans Kelsen (1881\u20131973) was an Austrian jurist and legal philosopher who developed the Pure Theory of Law in the early twentieth century. As an important theory of legal positivism, it treats law as a separate system of legal norms, independent of morality, religion, politics, sociology, and metaphysics. Kelsen\u2019s main aim was to study law scientifically, without mixing it with other subjects. He argued that law deals with what ought to be done (Sollen), while facts describe what is (Sein). He called it the Pure Theory of Law because he believed that legal science should focus on legal norms rather than moral judgments or external influences. His contribution to drafting the Austrian Constitution of 1920 also influenced constitutional law, judicial review, and international law.<\/p>

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