69| Ringkasan Buku | Pure Theory of Law | Hans Kelsen

Summary

In this video, the 'Pure Theory of Law' by Hans Kelsen is explored in-depth. Kelsen’s work is presented as a systematic approach to understanding law as a complex framework of norms, distinct from moral or ethical standards. The theory emphasizes that legal norms must be followed as commands, deriving authority from legitimate power. Kelsen's abstract approach challenges traditional views and offers a solid foundation for those interested in exploring pure legal theory and its philosophical implications. This book is a critical resource for anyone wanting to understand the complexities of law beyond empirical interpretations.

Takeaways

• 😀 Kelsen’s *Pure Theory of Law* offers an in-depth exploration of legal theory, emphasizing an abstract and systematic approach to understanding law.
• 😀 The central theme of Kelsen’s theory is that law consists of norms—commands that must be obeyed within a legal system.
• 😀 Kelsen separates law from morality, arguing that legal norms should not be evaluated through moral or ethical frameworks.
• 😀 Legal norms, according to Kelsen, are authoritative commands that come from a recognized and legitimate source of power.
• 😀 Kelsen stresses that law should be understood as a complex system of interconnected norms governing human behavior.
• 😀 The book encourages readers to approach legal theory through an abstract lens, avoiding empirical interpretations of law.
• 😀 Kelsen’s approach challenges conventional views by offering a more objective and systematic understanding of legal structures.
• 😀 *Pure Theory of Law* invites critical reflection on the essence and meaning of legal norms beyond traditional moral considerations.
• 😀 Kelsen’s contribution to legal philosophy is foundational, offering a new perspective for exploring the complexities of legal systems.
• 😀 The book provides valuable insights into the relationship between law and authority, showing how norms are binding due to their legitimacy.
• 😀 *Pure Theory of Law* remains a significant work for those interested in exploring the philosophical underpinnings and complexities of legal theory.

Q & A

What is the main focus of Hans Kelsen's *Pure Theory of Law*?

The main focus of Hans Kelsen's *Pure Theory of Law* is to present a systematic and abstract understanding of law, emphasizing the concept of legal norms and how law functions as a complex system of interrelated norms.

How does Kelsen view the relationship between law and morality?

Kelsen argues that legal norms should not be judged through moral or ethical lenses but must be understood within the framework of the law itself, keeping law and morality separate.

What does Kelsen mean by 'legal norms' in his theory?

In Kelsen's theory, 'legal norms' are commands or rules that must be obeyed by individuals, originating from a legitimate power recognized by society, and they form the foundation of the legal system.

Why is Kelsen's *Pure Theory of Law* considered a critical contribution to legal philosophy?

Kelsen's theory is considered critical because it provides a fresh, abstract, and systematic approach to understanding law, offering a perspective that focuses on legal norms as the center of the legal system rather than empirical interpretations or moral considerations.

What does Kelsen reject in his theory of law?

Kelsen rejects the use of moral or ethical standards to evaluate legal norms, emphasizing that legal norms must be studied and understood through a strict legal framework.

How does Kelsen's theory differ from empirical views of law?

Kelsen's theory differs from empirical views by focusing on the abstract and systematic structure of law rather than interpreting law based on human behavior or societal customs. He advocates for understanding law as a set of interconnected norms.

What does Kelsen mean by law as a 'system of interconnected norms'?

Kelsen views law as a system of norms that are interrelated, where each norm connects and supports the others, forming a cohesive legal structure that governs human behavior.

What role does authority play in Kelsen's theory of law?

In Kelsen's theory, authority is crucial as the legitimacy of legal norms comes from the recognition of a higher, established power. This authority is what gives legal norms their binding force.

What invitation does Kelsen's *Pure Theory of Law* offer to readers?

Kelsen's *Pure Theory of Law* invites readers to think critically about the structure of law, moving beyond basic concepts to explore the deeper meaning and interconnections within legal norms and the broader legal system.

Why does Kelsen emphasize the abstract nature of legal theory?

Kelsen emphasizes the abstract nature of legal theory to encourage a deeper understanding of law that is not constrained by external, empirical factors but instead focuses on the internal structure and principles of the legal system itself.