Pure Theory of Law - 1618 Words

Justice has been used in our daily life in free flow but the functioning of judicial system in any place where law is supreme; the justice has been construed as what the courts do. Except this, justice can’t be traced in any other form. People who get the decision in his favour finds the court as the source of justice seconded by his happiness while on the other hand the other party would always consider the court as legitimising nothing but his sorrows. So in this way the main question arises that whether the notion of justice connotes such happiness and sorrow only. If not then what are the other ways to construe it? Apart from this, whether law used in the court to get such justice has any direct relation with that? In order to understand the real meaning of justice first we are required to understand the real aspects of such law. In this way Hans Kelsen has contributed unprecedented views to understand the real aspect of law in his â€Å"Pure Theory of Law†. Here h e distinguishes the domain of law from what earlier philosophers have construed in the form of natural and ideal one. In marking off the law from nature, the Pure Theory of Law seeks the boundary between the natural and the idea1.12 Legal science belongs not to the natural sciences, but to the human sciences. One can argue over whether the opposition between the natural and the ideal coincides with the opposition between natural reality and value, between is and ought, between causal law and norm, or whetherShow MoreRelatedKelsons Pure Theory of Law5026 Words   |  21 PagesKelsons pure theory of law and exposes essential properties of certain phases of its development; point to the contribution of Merkl and Verdross to the making of pure theory of law and to the main determinants of Kelsens attempts to formalize jurisprudence (the science of law) for the purpose of creating conditions for exact and objective study of positive law; analyzes the meaning and scope of Kelsen s normativisms and provides his views of further making of the pure theory of law. Aim and objectivesRead MoreThe Difference between Pure Logic and Scientific Logic and Its Relation to the Problems on Earth1538 Words   |  6 PagesQ.1. Is there a difference between pure logic and scientific logic? 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