On Kelsen's Normative Theory

In Kelsen's legal thought,normative theory is the essence of his legal thought.Neo Kantism,Hume's law,philosophy of mind and philosophy of language provide the philosophical background for normative theory,and the methodology of "pure" cognitive law provides the theoretical basis for normative theory.Kelsen sublated Austin's "command theory",named the basic unit of law "norm",and believed that norm is a description of will behavior.By presupposing basic norms,Kelsen makes basic norms become an ultimate and highest-level norm,provides the source of effectiveness for secondary norms and plays a unified role in the legal system.By analyzing the static and dynamic principles on which the effectiveness transmission of norms is based,Kelsen divides the normative order or system into static normative system and dynamic normative system,and develops the theory of hierarchy in the dynamic normative system.In the theory of legal interpretation associated with hierarchy,Kelsen analyzes the essence of legal interpretation-true interpretation and non true interpretation,and believes that the traditional normative interpretation methods can not scientifically explain the meaning of norms.The normative theory creatively puts forward the new direction of "scientization" of law,and the "basic normative" theory also provides a new path for seeking the source of the effectiveness of norms.Combined with China's reality,in legal research,Chinese scholars should pay more attention to the independence of legal discipline,strengthen the combination of rule of law and rule of virtue in legislative practice,and pay attention to the legitimacy and legitimacy of legal effect.