Analysis Kelsen Went To The Legal Concept Of Ideology

Kelsen endeavored to struggle for establishing the science of law.In his view,the biggest obstacle is the ideological concepts including but not limited to natural law on the Law of interference to achieve this goal.The ideology rooted in the will and emotional factors is just "Opinion",whose characteristics is uncertainty and irrational. But the science pursues grasping and expressing some fragments of the truth,that is, discovering and describing "True".It is impossible to reconcile the contradiction between the "Opinion" and the "Truth".The truly science is built only by removing the ideological heterogeneity of the law.Kelsen began to implement this transformation of ideology from inside to outside.On the one hand,the legal knowledge will be built on pure "norm";On the other hand,the concept of the justice is legally transformed to adapt to the science of law.Its product-Pure Theory of Law,"is proved to be the real science of law precisely because of its anti-ideological characteristic" Meanwhile, Kelsen expressed his political stance of the pluralism,by explanation of the anti-ideological legal theory.It has the following main aspects:Partâ… The science of law rejects abstract ideology.Why the science of law is incompatible with ideology.The concept of ideology proposed to explore the origin and limit of the understanding and the reliability of the knowledge means "the science on conception".With criticization on ideologists such as Telaxi by Napoleon,the "ideology" began to be pejorative,that is,"false concept".It is the basis of establishing the independent science of law to adhere to complete positivism and avoid equating the science of law from natural science.Partâ…¡The science of law based on "norm".Firstly,to establish the science of law is to be on the basis of empirical "norm" and to expulse the ideological heterogeneity from the law.The "basic norm",which is the logic premise for the positivism and systemic of the "norm",is the effective source of norm system because of its highest status in norm hierarchy system from the perspective of norm,in essence, the state is the personification of the domestic legal order.Ultimately,there is no chance for ideology on this issue of country.Partâ…¢"Justice" in the science of law.Various justice theories are the shadow of ideology in the science of law.On this issue,the pure theory of law believes that legal positivism is ignorant of justice,not opposing to law requiring for justice.As subjective value judgments varied from person to person,the traditional justice theory is the characteristic of irrationality.In fact,there are no scientific conclusions on this issue. The correct way is to withdraw justice from the unreliable field of subjective value judgment and be built on a reliable basis of social order,that is,"Only in the sense of legitimacy,can justice enter the science of law".Partâ…£The legal theory of anti-ideology - try to pursue the freedom in a pluralistic society.The legal theory of anti-ideology is not only establishing the science of law but also expressing Kelsen's pluralistic and democratic political position.Pure theory of law can be seen as the formalistic try to build the tolerant and peaceful social structure in a multicultural society.Because of its high degree of tolerance,the structure reserves the openness to the truth of law and the creativity of law.