Kelsen vs Hans Kelsen
jurisprudence clat_ug beginner mcq_debateYaar I and my dosto had a huge fight over this question. It's from CLAT UG, Jurisprudence section. Question is:
What is the concept of 'Pure Theory of Law' by Hans Kelsen?
A) Legal Positivism B) Natural Law Theory C) Sociological Jurisprudence D) Pure Law without any value elements
Now, I think the correct answer is D) Pure Law without any value elements. According to me, Kelsen ki teory is all about separating law from value judgments. He wanted to remove value components from the concept of law, making it a 'pure' theory.
But, my dosto is saying it's A) Legal Positivism. He claims that Kelsen's theory is all about focusing on the formal aspects of law, which is the core idea of Positivism.
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Hey, Kelsen vs Hans Kelsen seems to be a confusion. Hans Kelsen is the famous jurist who brought the Pure Theory of Law. Kelsen is actually his surname. He's the one who wrote 'The Pure Theory of Law' in 1934. So, it's Hans Kelsen vs his theory, not two people, yeh. Hans Kelsen's work is a milestone in jurisprudence. His theory emphasizes the importance of a normative system in law, making it a must-read for judiciary aspirants like us!