- Kelsinian jurisprudence
the school of jurisprudence based on the writings of Hans Kelsen. It is based upon a pure theory of law that attempts to explain law without the detail of any given system and without being polluted by politics or theories of justice. It is based upon an ordering of norms and relies upon the grundnorm, a justification for the whole system. The grundnorm justifies any 'ought' statement declaring the legal consequences of an act. An example of a grundnorm is 'the founders of the first constitution ought to be obeyed.' It provides the test of validity of other norms in the legal system. As it is the final determinant of validity it cannot itself be validated. The grundnorm is presupposed; it is a hypothesis or even a fiction. The grundnorm is not of the legal system but is a necessary postulate to support its validity. See Hartian jurisprudence.
Collins dictionary of law. W. J. Stewart. 2001.
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jurisprudence — ju·ris·pru·dence /ˌju̇r əs prüd əns/ n [Late Latin jurisprudentia knowledge of or skill in law, from Latin juris, genitive of jus right, law + prudentia wisdom, proficiency] 1 a: a system or body of law in the federal jurisprudence; esp: a body… … Law dictionary
Hartian jurisprudence — a name often given to a system of jurisprudence either directly describing the work of the late H. L. A. Hart or a follower or commentator (usually, although not necessarily, earth bound). Hart considered the typical view that the lay person… … Law dictionary
command theory — or imperative theory (associated with Jeremy Bentham and John Austin) is based on the notion of commands issued by a sovereign. Bentham did not insist that the sovereign power be single, indivisible and answerable to no one. The habit of… … Law dictionary
imperative theory — command theory or imperative theory (associated with Jeremy Bentham and John Austin) is based on the notion of commands issued by a sovereign. Bentham did not insist that the sovereign power be single, indivisible and answerable to no one. The… … Law dictionary
validity — I noun authenticity, authority, correctness, force, forcefulness, genuineness, gravitas, lawfulness, legal force, legality, legitimacy, legitimateness, meritoriousness, pondus, potency, power, puissance, reality, realness, significance, soundness … Law dictionary
grundnorm — See Kelsinian jurisprudence. Collins dictionary of law. W. J. Stewart. 2001 … Law dictionary
norm — I noun average, general performance, generality, habit, median, midpoint, model, mold, ordinary run, pattern, point of comparison, regular performance, rule, standard, typical performance II index code, criterion, cross section, example … Law dictionary
pure theory of law — See Kelsinian jurisprudence. Collins dictionary of law. W. J. Stewart. 2001 … Law dictionary
sanctions — index codification Burton s Legal Thesaurus. William C. Burton. 2006 sanctions … Law dictionary