KELSEN'S CONTRIBUTIONS IN JURISPRUDENCE

WHAT ARE THE CONTRIBUTIONS OF HANS KELSEN IN INTERNATIONAL LAW JURISPRUDENCE AND
POLITICAL THEORY?

Answer

Hans Kelsen (1881-1973) was a prominent legal scholar and philosopher known for his significant
contributions to international law jurisprudence and political theory. Here are some of his key
contributions:

Pure Theory of Law: Kelsen's most famous work is his "Pure Theory of Law" (Reine Rechtslehre),
published in 1934. In this seminal work, he sought to create a comprehensive and systematic approach
to understanding law without relying on any specific political or moral ideology. Kelsen argued that law
should be studied as a self-contained system of norms, and he emphasized the importance of
understanding legal norms through their hierarchical structure, with the constitution at the apex. This
theory had a profound influence on legal positivism and is considered one of the foundational works in
legal philosophy.

Grundnorm and Legal Validity: Kelsen introduced the concept of the "Grundnorm," which is the
fundamental norm upon which the entire legal system rests. According to Kelsen, the validity of any
legal norm is derived from this Grundnorm. This concept helps to explain the continuity and coherence
of legal systems, including international law, by anchoring their validity in a fundamental principle.

International Law: Kelsen also made significant contributions to international law. He argued that
international law should be approached and analyzed in a similar manner to national legal systems,
using his Pure Theory of Law. In his work "Principles of International Law" (1952), he sought to provide a
comprehensive account of the structure and foundations of international law based on his legal
positivist approach. Kelsen emphasized the importance of international legal norms being created and
accepted by sovereign states to have authority and validity.

Peace through Law: Kelsen was a strong proponent of the idea that the rule of law should extend to the
international level as a means of promoting peace and resolving conflicts between states. He argued
that a well-structured international legal system could be a vital instrument for preventing wars and
maintaining global stability.

Democratic Theory: In addition to his legal contributions, Kelsen also delved into political theory. He
explored issues related to democratic theory and governance in works such as "The Essence and Value
of Democracy" (1929). Kelsen's approach to democracy emphasized the importance of the rule of law,
legal norms, and constitutionalism as essential components of a functioning democratic system.

Overall, Hans Kelsen's contributions have had a lasting impact on the fields of international law
jurisprudence and legal philosophy. His work laid the groundwork for studying legal systems, including
international law, in a rigorous and systematic manner, and his ideas continue to be influential in
contemporary legal and political thought.