Kelsen, born in Prague in 1881, studied at the Universities of Vienna, Heidelberg and Berlin, PhD in 1906. Being Austrian legal and political thinker, in 1911 published a book in which first exposed the doctrines which are the Pure Theory of law doctrines designed to have a huge impact as they would in cataloging the founder of the theory Pure right according to the conception of the right pyramid giving the nature of science to it.
regard, the law is a way to right in the sense to categorize the rules from a higher to a lower status, this happens also for example in biology, taxonomy is one way of doing science in it. I think one of the things we can highlight the work of Kelsen, is that through this scientific tool aims to eliminate any influence psychological, sociological, legal construction.
Kelsen's pyramid is the result of his most famous work: "Pure Theory of Law" , a work that certainly should be mandatory reading for any student of law. Establishing a ranking of legal norms, putting some over others at the time of application. Under the doctrine set FUNDAMENTAL LEVEL (The Constitution), LEGAL LEVEL (International Treaty Organic Laws, General Laws, Codes, Law Approving, enabling laws, the Constitutions of the States, Laws state taxes, municipal ordinances, decrees laws) and LEVEL SUB-LEGAL (Regulations, Autonomous Regulations : Agreements Executive Orders, Resolutions, Orders and Instructions: Contracts.) at sub-legal acts were all administratively.
As already noted, this pyramid is made as a stop putting up any legislation the Constitution, followed by international treaties that are located under the constitution and above National Assembly laws, then laws state and municipal ordinances (...) among others.
In this same vein, another aspect to consider Kelsen's work is that for him, the primary data of legal experience, as is the norm, and whose structure is a hypothetical proposition.
Kelsen's pyramid is an attempt to give scientific approach and this gives validity to his approach, but must also evaluate its restrictions, so for example when telling us that the steps that are interpreted base is invoked by the upper base or step, is a categorization but this does not mean that in absolutely the right category of science acquired, but if embargo is a good step in that process of giving scientific nature.
In summary, the Pyramid of Kelsen, is nothing more than an educational resource for understanding within the field of law in the ranking of legal devices, putting the Constitution in the peak in descending pyramid and the lower-ranking legal norms, not having any agency that you can edit.
Abg. Joseph F. Monaza M.
@jmonaza
0 comments:
Post a Comment