О НОРМАТИВНОСТИ ПРАВА ХАНСА КЕЛЗЕНА
ON HANS KELSEN’S NORMATIVITY OF LAW

Summary/Abstract: The concept of law as a normative order is an issue which has not been universally agreed upon in the branch of knowledge concerned with jurisprudence. As a matter of fact, Hans Kelsen's specific method of treating the law has contributed to a complete and sustained apprehension of the difference between legal needs and fact. It is impossible to imagine the concept of law without a legal norm. We have to understand the standpoint that the law communicates: what it means in itself (Sein), and what it ought to be (Sollen). The author's intention has been to present the law as a normative phenomenon. The normativity of law must be highlighted but it cannot be regarded as identical to law, for it is only one of its qualities - the most important, though. Subsequently, the author explores the relations between Hans Kelzen's normative theory and the idea of justice.

• Details
• Contents