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teory of lawLet us now see how Kelsen thought that the basic norm helps to clarify the sense in which law is a normative area and what this normativity consists in. The primary and essential level to comprehend is that for Kelsen the concept of normativity is tantamount to a real ought”, because it had been; it’s a justified demand on practical deliberation.

However there’s another form of pure law concept having to do with the connection of morality to regulation. The principal goal of conceptual (or analytic) jurisprudence has traditionally been to offer an account of what distinguishes regulation as a system of norms from different programs of norms, akin to ethical norms.

In any case, the essential norm is a presupposition that’s logically required to render the validity of law intelligible. Norms are legally legitimate inside a given system, they must kind a part of a system of norms that is in drive in a given place and time.

At this level, Kelsen took a further step back, accepting that the concept of a fundamental norm is doubly contradictory: it is self-contradictory in that it involves an infinite regress; in addition, since no such norm actually exists, to presuppose the existence of such a norm contradicts reality.