Legal Definitions - pure theory

The Pure Theory of Law is a legal philosophy developed by Hans Kelsen, which proposes that a legal system should be understood as a self-contained and self-supporting system, entirely independent of external factors such as morality, ethics, history, sociology, or politics.

According to Kelsen, laws are essentially "norms" or rules established by the state. The validity of any particular law is not determined by its moral correctness or its historical origins, but rather by its relationship to other, higher legal norms within the same system. This chain of validity ultimately traces back to a foundational "basic norm" (or grundnorm), which is simply the presupposition that the constitution or the initial legal framework of a society was validly enacted. The legal system, in this view, operates like a pyramid, with each norm deriving its authority from a higher norm, culminating in this basic norm. Compliance with these laws is secured through coercive techniques applied by the state.

Here are some examples illustrating the Pure Theory of Law:

• Traffic Regulations: Imagine a city ordinance that sets a speed limit of 30 miles per hour on residential streets. According to the Pure Theory of Law, the validity of this 30 mph speed limit does not stem from a moral judgment that 30 mph is inherently "safer" or "better" (an extralegal, ethical consideration). Instead, its legal validity comes from the fact that the city council followed proper legal procedures—such as voting and public notice—as outlined in the city's charter or state statutes. These higher-level laws (charter, statutes) derive their validity from the state constitution, which serves as the ultimate basic norm. The legal system itself provides the framework for the speed limit's existence and enforceability, independent of external ethical or safety arguments.
• Tax Laws: Consider a new federal income tax rate introduced by the government. From the perspective of the Pure Theory, the legitimacy of this new tax rate isn't based on whether it is perceived as "fair" or "economically beneficial" (these being extralegal, sociological, or ethical considerations). Its legal validity stems purely from the fact that it was passed by the legislature, signed into law by the executive, and enacted according to the procedures laid out in the Constitution. The Constitution itself, as the basic norm, provides the ultimate legal foundation for the entire tax code, making the tax law valid purely within the legal system's own framework, regardless of external economic or moral debates.
• Judicial Authority: When a court issues a ruling, its authority to do so is not based on the judge's personal sense of justice or historical precedent alone. Instead, under the Pure Theory, the court's jurisdiction and the binding nature of its decisions are legally valid because they are established by specific statutes (e.g., judiciary acts) and constitutional provisions that define the court's powers and procedures. These statutes and constitutional articles are themselves norms within the legal system, deriving their authority from the foundational "basic norm" of the constitution's valid enactment. The legal system thus creates and validates the court's authority internally, rather than borrowing its legitimacy from external philosophical or historical justifications.