Hans Kelsen's pure theory of law as critique of the "authoritarian" understanding of law and jurisprudence
In this paper, I analyse Hans Kelsen's understanding of jurisprudence and law - by contrasting the normative-dogmatic understanding, which I will call "authoritarian". By establishing the primacy of politics and rejecting the prescriptive function of jurisprudence, Hans Kelsen enabled...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2022-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2022/0003-25652201077T.pdf |
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| Summary: | In this paper, I analyse Hans Kelsen's understanding of jurisprudence and law - by contrasting the normative-dogmatic understanding, which I will call "authoritarian". By establishing the primacy of politics and rejecting the prescriptive function of jurisprudence, Hans Kelsen enabled a democratic concept of law (and of jurisprudence), and at the same time a critical and political approach. Kelsen defines the law from a dynamic perspective, which justifies the constant changeability of the law - and in this respect the primacy of democratic politics over dogmatic jurisprudence. The normative basis for Kelsen's understanding of jurisprudence is his relativism, which is based on a moral position on the autonomy of the individual. |
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| ISSN: | 0003-2565 2406-2693 |