Kelsen The Legal Effect Of Theory Study

Theory of Hans Kelsen purely legal effect an imegral part of law theory. Kelsen believes that the special force of law is the existence of norms. No effect in law of a specification is simply not a legal norm. If a legal norm is judged as effective or effective, it points to a binding of human behavior, there are eligibility requirements to gain their respect and obedience. Therefore, an effective legal norms, is that people should be provided as legal norms, as behavior, should be subject to and application of norms.This article discusses the legal effect of Kelsen theory has the following four aspects:The first part is about the legal effect of Kelsen Theory origin of the historical background and ideological analysis. The establishments of any theories are able to escape its influence and role of the times. Kelsen theory not only shoulder the task given its age, but also by the sages of thinking, including analysis of law on Austin's critique and reconstruction of the neo-Kantian theory of reference, the same time, Theoretical system of its legal effect is a purely legal theory built on its context, it is pure theory of law affecting the basic concept of the effectiveness of the important factors.The second part starting from the three important issues, the concept of Kelsen on the validity of law, the legal effectiveness of the relationship with the validity of law, and the scope of specifications effect. Theory for the basic elements of the validity of law, the author briefly summarized.The third part is the legal effect of Kelsen theory of the restatement, this section is built around Hans Kelsen is the validity of law in two different logic levels of meaning are carried out. The effect of specific legal norms and the effectiveness of primitive rank, Kelsen legal effect is the critical nature of primitive law school and law school of sociology of the legal effect be based on primitive, in the process of establishing critical His own unique theory, in order to build the legal effect of its features hierarchical structure; the effectiveness of the legal system and the legitimacy of the standard itself mainly discusses the legal effect of Kelsen most important theoretical basis for specification and pointed out that Kelsen That the law only concerned with the forms of justice, no real justice at all, and this form of justice is the rule of law.The fourth part, the author mainly theoretical evaluation of the legal effect of Kelsen and its practical significance of the rule of law were discussed. The voice of opponents, the author does not strongly refute, but that system is open to any theory, in practice more important guiding significance, and finally, the article mainly from three aspects, namely, level of effectiveness of legislative norms, a uniform law System to improve the legislation technology, science legislation and law enforcement, judicial and law-abiding, we discussed the meaning of the Kelson legal effect of the rule of law theory on the contemporary significance of...