Pure Theory

November 14th, 2017
by Richard

" LACANTINERIE BAUDRY-conceived as the set of rules governing the conduct of men in relation to his fellows, by which means it is possible, while fair and useful, ensuring their compliance through external coercion " 18. As a final reference to the definitions of the right we bring that to the Pure Theory of Law Hans Kelsen: "The science of law has been characterized as follows: 1 – It is a normative science whose sole object is the law. For her there is no other natural events than those with legal significance, ie those incorporated into a standard as content, and processed, therefore, in law. 2 – is a science of positive law, which excludes all kinds of problems which relate to orders ideals, which have nothing legal. 3 – As a result of the characteristics of law, legal science is a formal science whose basic concern is the study of the possible forms of law and the essential connections between them …

This does not exclude at all the study of the content of the right, but such a study should be the content presented dogmatically by positive law. At most it may be legal science possible content of the law, but that in any case as the result of the analysis and comparison of positive systems. 4 – While studying the essential forms of law, legal science is ultimately a science logic, and as such, aims to structure the object in a unitary system free of contradictions. The law is, as we have seen, a set of rules.

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