By the 1940s, Kelsen s reputation was already well established in the United States for his defense of democracy and for his magnum opus " Pure Theory of Law " ( Reine Rechtslehre ).
12.
His definition of law as " interference intersubjective behaviors " brought him into a controversy with Hans Kelsen, creator of the Pure Theory of Law, at the same law school in Buenos Aires in 1949.
13.
This, for Kelsen, was especially the case when dealing with the question of the compatibility of different forms of government in relation to the " Pure Theory of Law " ( 1934, first edition ).
14.
"' Basic norm "'( ) is a concept in the Pure Theory of Law created by Hans Kelsen, a jurist and norm, order, or rule that forms an underlying basis for a legal system.
15.
The second edition appeared in English translation in 1967, as " Pure Theory of Law "; the first edition appeared in English translation in 1992, as " Introduction to the Problems of Legal Theory ".
16.
The Pure Theory of Law can accommodate this by accepting that what matters most is not whether particular legal norms are coercive but whether, by containing coercive norms, the legal order as a whole is coercive-which Hart does not deny.
17.
The completion of Kelsen's second edition of his magnum opus on " The Pure Theory of Law " published in 1960 had at least as large an effect upon the international legal community as did the first edition published in 1934.
18.
Central to the Pure Theory of Law is the notion of a'basic norm ( " Grundnorm " )'a hypothetical norm, presupposed by the theory, from which in a hierarchy all'lower'norms in a legal system, beginning with constitutional law, are understood to derive their authority or'bindingness '.
19.
As summarized by Sandrine Baume in her recent book on Kelsen, " In 1927 [ Kelsen ] recognized his debt to Kantianism on this methodological point that determined much of his pure theory of law :'Purity of method, indispensable to legal science, did not seem to me to be guaranteed by any philosopher as sharply as by Kant with his contrast between Is and Ought.
