Salient Features of Kelson’s Pure Theory of Law
The Pure Theory, Law as propounded by Kelson is founded on certain basic assumptions which maybe summarised as follows :
1. The theory is aimed at reducing chaos and confusion created by the supporters of natural law philosophy.
2. Pure Theory of law deals with the knowledge of what law is, and it is not concerned about: what law ought to be.
3. The theory considers law as a normative science and not a natural science.
4. Kelson’s Pure Theory of Law is a theory of norms not so much concerned with the effectiveness of the legal norm.
5. It is formal theory confined to a particular system of positive law as actually in operation.
Implications of Kelson’s Pure Theory of Law
Kelson’s Pure Theory of Law covers a wide sepectrum of legal concepts such as State, sovereignty private and public law, legal personality, rights and duty etc.
According to Kelson law and State are not different but they are infact one and the same. Likewise, there is no difference between public and private law. Kelson also denies any legal difference between natural and juristic personality. For him, all legal personality is artificial and derives its validity from grundnorrn. He does not believe in the existence of individual rights and asserts that “legal duties” are the essence of law.
In his view legal right is merely the duty as viewed by the person entitled to require its fulfilment.