Science Fair Projects Ideas - Pure Theory of Law

All Science Fair Projects

      

Science Fair Project Encyclopedia for Schools!

  Search    Browse    Forum  Coach    Links    Editor    Help    Tell-a-Friend    Encyclopedia    Dictionary     

Science Fair Project Encyclopedia

For information on any area of science that interests you,
enter a keyword (eg. scientific method, molecule, cloud, carbohydrate etc.).
Or else, you can start by choosing any of the categories below.

Pure Theory of Law

Hans Kelsen's Pure theory of law is actually a misnomer. It should read theory of pure law. By pure Kelsen meant that all elements impure to law had to be hived off to leave a remnant of material which is essentially legal. Accordingly all natural law, moral, religious, social, and other accretions that are not strictly law had to be eliminated. This type of positive law approach is therefore in the tradition of Austin.

At the same time, Kelsen believed that law was a human construct and a power system. His method exposed the logical structure of law and so enabled him to investigate where the authority or validity of law lay.

He found that the most concrete applications of legal rules (that is to say where legal rules apply to specific factual sitiations) derived their authority from less specific and therefore more general legal rules. This investigative process could theoretically be extended backwards until the most fundamental, general and authoritative legal rule or standard (or "norm" as he called rules) was reached. He believed that the logical structure of law could be likened to a pyramid with the most fundamental and authoritative norm (the "Grundnorm") at the top and the most particular norms (those which applied to particular concrete situations) at the base. The passage from general to particular is called "concretization". The Grundnorm is inherently stable but may change over time. There is a question over their status: do such things really exist at all or are they purely hypothetical?

Because a law is normative, it must be applied with causal rigidity. The system is one of power and this means that norms are imposed coercively. At its most concrete, norms are directions addressed to officials whereby they should enforce a norm using coercion upon transgressors. By the means of citizens following rules and officials punishing them where they fail to do so, citizens appropriate the various norms as standards of behaviour. The norms thereby acquire efficacy and are by and large observed.

It can be said that Kelsen's view is incomplete. While having logical coherence, causal efficacy and embodying a power structure, Kelsen's system has no regard for the actual social setting of the law. Nor does it explain how people come to feel obligated to obey legal rules. Nor are all laws of this coercive nature. For these criticisms it is necessary to look at the reaction to Kelsen expressed by H. L. A. Hart, the English jurist, in his book "The concept of Law".

10-26-2009 08:16:03
The contents of this article is licensed from www.wikipedia.org under the GNU Free Documentation License. Click here to see the transparent copy and copyright details
Science kits, science lessons, science toys, maths toys, hobby kits, science games and books - these are some of many products that can help give your kid an edge in their science fair projects, and develop a tremendous interest in the study of science. When shopping for a science kit or other supplies, make sure that you carefully review the features and quality of the products. Compare prices by going to several online stores. Read product reviews online or refer to magazines.

Start by looking for your science kit review or science toy review. Compare prices but remember, Price $ is not everything. Quality does matter.
Science Fair Coach
What do science fair judges look out for?
ScienceHound
Science Fair Projects for students of all ages
All Science Fair Projects.com Site
All Science Fair Projects Homepage
Search | Browse | Links | From-our-Editor | Books | Help | Contact | Privacy | Disclaimer | Copyright Notice