Exploring the Kelson’s Pure Theory of Law beyond the Philosophical Value

Abstract

Jurisprudence is the philosophy of the law, which delivers an interesting narrative by analyzing law from different perspectives. As far as positivism is concerned, this is one of the luminescent schools of jurisprudence among other ideologies. German Positivism ideas differ from the British Positivism since it neither considers ethics nor facts. Kelson is one of the frontline scholars who introduced the Pure Theory of Law by enriching the Jurisprudence widely, while influencing other scholars to contribute to the legal system. Even though this eminent philosophy fattened the Jurisprudence, still there are some existing conundrums which did not fathomed by the Kelson. This paper intends to discuss the nature of the pure theory while focusing on the effectiveness and validity of Kelson’s basic norm with the separability thesis to identify the practical issues for better application.