Legal science, as Kelsen would really like it to be, has to describe a authorized norm with out both evaluating it or adopting it as an evaluation. Though if, when doing so, they go beyond the position of mere technician and recommend policy-based decisions between doable norms, they are going to now not be appearing as legal scientists.
If the basic norm of a particular constructive-legal order is an authorising norm, one can ask what is the source of the authority of the basic norm itself. In response to pure law authorized idea, the authority of legal requirements essentially derives, at least in part, from concerns having to do with the ethical benefit of those standards.
What remains questionable, however, is whether or not Kelsen succeeds in offering a non-reductive explanation of legal normativity, given the fact that his account of legal validity turned out to be reductive in any case. Clearly, many philosophers would reject Kelsen’s view that ethical reasons for action only apply to those that choose to endorse morality’s basic norm (whatever it might be).
Alternatively, if the reason for the bindingness of a authorized norm is intrinsic to its ‘legal’ character, that motive may need to … Read More