The other Kelsen… between the purity of law and the general theory of norms

Abstract

It is important to compare Hans Kelsen's Pure Theory of Law (Reine Rechtslehre) with his General Theory of Norms (Allgemeine Theorie der Normen) in order to identify the transition from the theory of positive law to the general theory of normativity, dismissing the notion—as some scholars argue—that Kelsen's later work is not merely a repetition of the pure theory, but rather that it reformulates some of the basic principles of the pure theory, such as validity, the basic norm, the act of will, derogation, and the relationship between law and logic