Hans Kelsen's pure theory of law

Thesis Type: Postgraduate

Institution Of The Thesis: Uludağ Üniversitesi, Turkey

Approval Date: 2018

Thesis Language: Turkish




This work is a Kelsen biography test. The text in your hand is not just a biography, but an expression of the life of an intellectual. The study does not take Austrian law man Hans Kelsen as only 'person' or 'human'; as well as introducing Kelsen's ideas to the extent permitted by a biography. For this reason, focuses on Hans Kelsen's basic texts and ideas. In the philosophy of law reflected in Kelsen's basic texts and the reader, evokes more attention and push the boundaries of imagination 'pure law' theory shows the depth examine possible effort. There is no doubt that there are passionate fans as well as the determined opponents of this theory. Both sides owe much to the uncertain path that Kelsen's theory explains. This uncertainty has often been criticized, and it has led to the whole of the theory to be suspect in a myth. However, this ambiguity that allows its supporters to dissuade criticism. The main goal of working in this context is to shed light on Kelsen's life as a human and intellectual then to examine the notion of constitutionalism which has been developed in the context of the basic norm concept that it is almost certain to be followed by an attempt to separate the law from all other social sciences and to explain the basic norm concept Kelsen suggests in response to some known legal philosophical problems. The methodology used will be set out in the context of the philosophical currents influenced. It will be argued that Kelsen's initiative does not achieve success in all its aspects, but even the inadequacy is enlightening. In fact, it sheds light on the complexity of the issues that it is taking into account and the possible solutions.