Grundnorm menurut hans kelsen biography

Concept in "Pure Theory of Law" by Hans Kelsen

This article is about the theory developed by Hans Kelsen in Pure Theory of Law. For constitutional principle, see Basic law.

'Basic norm' (German: Grundnorm) is a concept in the Pure Theory of Law created by Hans Kelsen, a jurist and legal philosopher.

Kelsen used this word to denote the basic norm, order, or rule that forms an underlying basis for a legal system. The theory is based on a need to find a point of origin for all law, on which basic law and the constitution can gain their legitimacy (akin to the concept of first principles).

Grundnorm menurut hans kelsen biography pdf

This basic norm, however, is often described as hypothetical.

Reaction to the term has fallen into three broad areas including (i) Kelsen's original introduction of the term, (ii) the Neo-Kantian reception of the term by Kelsen's critics and followers, and (iii) the hypothetical and symbolic use of the term through the history of its application.

Origins

Regarding Kelsen