Pure theory of law
criticism of interpretation in Kelsen
DOI:
https://doi.org/10.29293/rdfg.v8i01.302Keywords:
Hans Kelsen. Pure theory of law. Interpretation. Discretion.Abstract
OBJECTIVE: to present the basic concepts of the pure theory of law and to approach the problems surrounding the theme of interpretation in Kelsen.
METHOD: the research is developed qualitatively, using the bibliographic method, with investigations carried out in books and academic articles, published in prestigious journals.
RELEVANCE / ORIGINALITY: the study is relevant, in the perspective of the expressive influence of the pure theory of law in contemporary legal systems. Furthermore, critical approaches are justified, with the focus of: a) to identify, in Kelsenian thought, possible inconsistencies; and b) to propose changes concerning its practical applicability.
RESULTS: it is concluded that the granting of excessive discretion to the interpreter constitutes a relevant blemish for the pure theory of law.
THEORETICAL / METHODOLOGICAL CONTRIBUTIONS: the pure theory of law does not respond effectively to the demands presented to the interpreters / judges. Therefore, the theoretical contribution lies in fostering legal archetypes that face the phenomena of interpretation / decision with more consistency.
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