“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.”

Pure Theory of Law (revised ed., 1960), 1. The “Pure” Theory

Adopted from Wikiquote. Last update Dec. 15, 2022. History

Help us to complete the source, original and additional information

Do you have more details about the quote "It is called a “pure” theory of law, because it only describes the law and attempts to eliminate from the object of thi…" by Hans Kelsen?

Hans Kelsen6

Austrian lawyer 1881–1973

Related quotes

“This view of a law and of its validity (we call it the positivistic theory) has rendered jurists and the people alike defenceless against arbitrary, cruel, or criminal laws, however extreme they might be. In the end, the positivistic theory equates law with power; there is law only where there is power.”

Gustav Radbruch (1878–1949) German politician

"Five Minutes of Legal Philosophy" (1945)

“Laws never become theories! The theory of gravity includes a number of Newtonian laws. There is not one law of gravity; there are several laws included within the theory. The same goes for Relativity and even for evolution for that matter.”

Aron Ra (1962) Aron Ra is an atheist activist and the host of the Ra-Men Podcast

Patheos, Orwellian Legislative Duplicity on HB 1485 http://www.patheos.com/blogs/reasonadvocates/2017/05/05/orwellian-legislative-duplicity-hb-1485/ (May 5, 2017)

“There is no theory. You have only to listen. Pleasure is the law. I love music passionately. And because l love it, I try to free it from barren traditions that stifle it.”

Claude Debussy (1862–1918) French composer

Quoted in An Encyclopedia of Quotations About Music (1981) by Nat Shapiro, p. 268
Unsourced variant: There is no theory. You have only to listen. Fantasy is the law.
Context: There is no theory. You have only to listen. Pleasure is the law. I love music passionately. And because l love it, I try to free it from barren traditions that stifle it. It is a free art gushing forth — an open-air art, boundless as the elements, the wind, the sky, the sea. It must never be shut in and become an academic art.

“The first question we should face is: What is the aim of a physical theory? To this question diverse answers have been made, but all of them may be reduced to two main principles:
"A physical theory," certain logicians have replied, "has for its object the explanation of a group of laws experimentally established."
"A physical theory," other thinkers have said, "is an abstract system whose aim is to summarize and classify logically a group of experimental laws without claiming to explain these laws…
Now these two questions — Does there exist a material reality distinct from sensible appearances? and What is the nature of reality? — do not have their source in experimental method, which is acquainted only with sensible appearances and can discover nothing beyond them. The resolution of these questions transcends the methods used by physics; it is the object of metaphysics.
Therefore, if the aim of physical theories is to explain experimental laws, theoretical physics is not an autonomous science; it is subordinate to metaphysics…
Now, to make physical theories depend on metaphysics is surely not the way to let them enjoy the privilege of universal consent.”

Pierre Duhem (1861–1916) French physicist, historian of science

Notice sur les Titres et Travaux scientifiques de Pierre Duhem rédigée par lui-même lors de sa candidature à l'Académie des sciences (mai 1913), The Aim and Structure of Physical Theory (1906)

“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 book Pure Theory of Law

Pure Theory of Law (revised ed., 1960), 7. Moral Norms as Social Norms

“A scientific theory is a concise and coherent set of concepts, claims, and laws (frequently expressed mathematically) that can be used to precisely and accurately explain and predict natural phenomena.
A theory should include a mechanism that explains how its concepts, claims, and laws arise from lower-level theories.”

Mordechai Ben-Ari (1948) Israeli computer scientist

Source: Just a Theory: Exploring the Nature of Science (2005), Chapter 2, “Just a Theory: What Scientists Do” (p. 24)