The Research On Kelsen's Basic Norm

The pure theory of law established by Kelsen is a milestone in the jurisprudence. In the process of defending the independence of law, he not only illustrates the relation between law and moral just as other law positivists, but also construct a more accurate theory which contributes to the jurisprudence brilliantly. The core of pure theory of law is the basic norm, which has intrigued many controversies. And this treatise explores the background firstly from three aspects: the vary philosophies of the pure theory of law; the scientific method of constructing the theory and the attitudes of anti-ideology in the theory. Then it makes a research about the basic norm about its functions, content and nature. At last, the monograph makes some contrary comments on the critics to the basic norm for a thorough understanding about it in three points: the unity of legal system, pureness of norm and subjects recognizing norm.