Чистое учение о праве: введение в проблематику науки о праве

Российский ежегодник теории права. 2011. Т. 4. С. 418–498.

Кельзен Г.

Translator: Antonov M.

This work is classical for the history of legal science in the XX century. In this work Hans Kelsen formulates the basic principles of his normative theory of law. This volume serves as a foundation of the critical program of the Kelsenian legal theory which sought to reveal ideological dogmas and presuppositions which often are taken by lawyers for granted. The ultimate goal of this program was to avert legal science from investigation into the factual dimensions of law. Kelsen was confident that different methodological approaches inevitably lead to construction of different objects of scientific analysis. That is why law as a subject-matter for legal analysis differentiates itself from law as a subject-matter of sociological or psychological analysis. At the same time Kelsen did not intend to contest possibility of analysis of the factual dimension of law or to claim such analysis as unscientific. His point was to construct a special applied science of law which would examine law from the perspective of special legal methodology. This methodology resides in a particular linkage between facts and norms. This linkage or imputation is to be found and examined by legal science. This methodological step could afford delimitation between law and morality. Kelsen tried to describe the authentic normative structure of law through this special mechanism of imputation which made law self-referential.

Keywords: чистая теория права, Pure Theory of Law, Hans Kelsen, Ганс Кельзен, юридический позитивизм, legal positivism, basic norm, основная норма, нормативизм