HANS KELSEN’S GOAL WITH THE PURE THEORY OF LAW

Abstract

Through bibliographical analysis, this article investigates the objective of Kelsen when elaborating the Pure Theory of Law. It exposes, initially, the influence in Kelsen of the context of the beginning of the twentieth century, permeated by legal formalism, by a scientific claim of the humanities and by the constant interference of other sciences in the legal sphere. It passes to the analysis of the spirit that moved Kelsen in the direction of a normativist theory, highlighting both the influence of logical empiricism in his thinking and his defense of democratic pluralism. Then, the Pure Theory is investigated, noting its Kantian influence and its exclusively normative bases. Finally, it is concluded that Kelsen aimed to create an exclusively logical methodology for analysis of positive law, away from evaluative considerations and providing the production of objective and accurate knowledge, typical of a genuine science of law.