Hans Kelsen quotes

Hans Kelsen was an Austrian jurist and legal philosopher, known for developing the Pure Theory of Law. His work profoundly influenced modern legal thought and constitutional theory. He emphasized the separation of law from politics and moral judgments. Here are 6 of his quotes:

It is called a "pure” theory of law, because it only describes the law and attempts to eliminate from the object of this description everything that is not strictly law: Its aim is to free the science of law from alien elements. This is the methodological basis of the theory.

Hans Kelsen

Law is an order of human behavior. An "order” is a system of rules. Law is not, as it is sometimes said, a rule. It is a set of rules having the kind of unity we understand by a system. It is impossible to grasp the nature of law if we limit our attention to the single isolated rule.

Hans Kelsen

One of the most important elements of Christian religion is the idea that justice is an essential quality of God. Since God is the absolute, his justice must be absolute justice, that is to say, eternal and unchangeable. Only a religion whose deity is supposed to be just can play a role in social life. To attribute justice to the deity in order to make religion applicable to human relations implies a certain tendency of rationalizing something which, by its very nature, is irrational-the transcendental being, the religious authority, and its absolute qualities.

Hans Kelsen

By determining law - so far as it is the subject of a specific science of law - as norm, it is delimited against nature; and science of law against natural science. But in addition to legal norms, there are other norms regulating the behavior of men to each other, that is, social norms; and the science of law is therefore not the only discipline directed toward the cognition and description of social norms. There other social norms may be called "morals.” and the discipline directed toward their cognition and description, "ethics.” So far as justice is a postulate of morals, the relationship between justice and law is included in the relationship between morals and law.

Hans Kelsen

Justice is primarily a possible, but not a necessary, quality of a social order regulating the mutual relations of men. Only secondarily it is a virtue of man, since a man is just, if his behavior conforms to the norms of a social order supposed to be just. But what does it really mean to say that a social order is just? It means that this order regulates the behavior of men in a way satisfactory to all men, that is to say, so that all men find their happiness in it. The longing for justice is men's eternal longing for happiness. It is happiness that men cannot find alone, as an isolated individual, and hence seeks in society. Justice is social happiness. It is happiness guaranteed by a social order.

Hans Kelsen