Об основных элементах чистого учения о праве Ганса Кельзена

Труды Института государства и права Российской академии наук. 2013. № 4. С. 172–195.

Antonov M.

The author of this paper aims at summing up the key elements of legal doctrine developed by the Austrian legal thinker Hans Kelsen. Kelsen’s theory is multifaceted and it admits not only formally juridical but also sociological, philosophical, cultural, political understandings of law. Although, this thinker draws an exaggerated distinction between different scientific disciplines – drawing this distinction served as the main reason for criticizing his conception of law. The juridical ideas introduced by Kelsen were in accordance with the need of science of law in deideologization of legal science and in abandoning essentialism when explaining law and state. For that époque these ideas served as valuable instruments which gave way to further philosophical discussions about law in the 20th century. Reassessing Kelsen’s theory in the perspective of the contemporary social sciences, one can conclude that the approach to law advocated by Kelsen is fairly compatible with the non-classical scientific paradigm.

Keywords: legal norms, Pure Theory of Law, чистое учение о праве, normativity of law, нормативность права, правовая норма