Who Is Proffessor Hans Kelson And What Is His Theory?


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Professor Hans Kelsen is a legal theorist who has given us his interpretation of what law is. His theory is a theory of law. According to Kelsen, law is a primary norm which stipulates the sanction. In other words law is direction to the officials to apply the sanction. His theory of law was different from others. He said that the norm 'do no kill' is not a law but a condition. This means that if someone kills, this being the condition would result in officials applying the sanction.

When someone asked him that how are laws valid, he said that all norms or laws get their validity from a higher norm. For instance why is the norm 'do not litter' valid? The reason is that it is given by the local authority. Why is order of the local authority laws? The reason is that they are validated by the central authority. This chain of validity goes up all the way to what ever the queen says is law. This is just an example of the how it would work in UK since queen is the monarch there.

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