L. Sree Harrish, I. Monisha & G. Kavi Bharathi, BA.L.L.B.(Hons), Alliance School of law, Alliance University, Bangalore
ABSTRACT
Hans Kelsen, a jurist and moral philosopher, developed the Pure Theory of Law. Kelsen described grundnorm as the fundamental norm, order, or regulation that serves as the underlying foundation of a legal system. The philosophy is founded on the need to identify a point of origin for all legislation, from which basic law and the constitution will gain authority. Kelsen's legal system is a normative legal system or order that consists of a single unit. Norms are the rules that govern human actions and behaviour in a society. Laws and regulations, according to Kelsen, are conventions. A normative legal system's rules are hierarchical in essence. In the hierarchical forms the position of norms cannot be interchanged. This paper discusses about the kelsen pure theory of law founded by the Austrian jurist kelsen. This theory is known by the various names like pure theory, Grundnorm theory, Kelsen's concept of law, etc. Here we will discuss pure theory of law and what are the main features of this theory and how it is relevant in India.
Keywords: Grundnorm, Pure Theory of Law, norms, Hierarchy of norms and relevance etc.
