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Law without Authority or Limits: Kelsen's Dilemma
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About Law Without Authority Or Limits: Kelsen's Dilemma
Hans Kelsen was considered by many in the 20th century to be “the formative jurist of our time,” influencing many who now teach and legislate. That is cause for concern, because his “Pure Theory of Law” is constructed from interlocking false pretenses, and based on a foundation which he said “not only contradicts reality, ...but is also self-contradictory.” He advocated a global State as the only acceptable source of values, laws, and obligations — a god to be obeyed. He justified Law without authority or limits, a State which is free to forbid or command anything it chooses, and where “the individual is a mere appearance... an element of the objective legal system.” He spoke of the necessity of “bloody violence” against those who believe there are values, rights, and principles which the State must honor.His philosophy received “unqualified admiration” in much of the world. Inasmuch as this book examines his “Pure Theory” and the associated legal and political philosophies, it is, unfortunately, also an examination of a rapidly approaching future.
