pure theory of law

The pure theory of law, developed by Hans Kelsen, is a legal positivist approach that seeks to explain the normative force of law without relying on external moral or empirical factors. It focuses on law as a system of norms and commands, particularly directed at officials to apply sanctions.12

Kelsen proposed a "basic norm" (Grundnorm) as the presupposed source of authority for a legal system's foundational document, like a constitution, to avoid an infinite regress of justification. This theory aims to be "pure" by being logically self-supporting and independent of extralegal values, though Kelsen acknowledged the relevance of sociology and ethics to lawmaking. The philosophy of law, more broadly, investigates law's nature and its relationship to human values and political communities, often distinguishing law from morality. Historically, natural law theories, like Cicero's and Aquinas's, posited that law's validity is tied to its moral content.1234