Pure Theory Of Law :


The pure theory of law is a theory of law that abstracts from the specific content of laws and focuses on the formal and structural features of legal systems. It is concerned with the nature of law, the sources of law, the methods of legal interpretation, and the principles of legal reasoning. The pure theory of law is often contrasted with the applied theory of law, which is concerned with the practical application of legal principles to specific cases and controversies. The pure theory of law is also sometimes referred to as the "pure theory of legal science" or the "theory of law in the abstract."



Pure law theory is a legal philosophy that holds that laws are self-sufficient and self-justifying, and that they do not require any external justification or support. According to pure law theory, laws are binding and valid simply because they are laws, and are not dependent on any moral, social, or political considerations. This theory is in contrast to other legal philosophies, such as natural law theory, which holds that laws must be based on moral principles or natural rights, and positivist theory, which holds that laws are valid because they are created and enforced by a legitimate authorities. 


Pure law theory according Authors:


Pure law theory is a philosophical approach to understanding the nature of law that focuses on the inherent logical structure and principles of law, rather than its social or historical context. There are several different versions of pure law theory, and it has been developed and defended by a number of different authors. Some of the most influential figures in the development of pure law theory include:


John Austin: Austin was a 19th-century English jurist and legal philosopher who developed a theory of law known as "command theory." According to Austin, laws are commands issued by a sovereign authority, and are binding on the subjects of that authority because they are backed by the threat of punishment.


H.L.A. Hart: Hart was an English legal philosopher who is best known for his work on the concept of law and the separation of law and morals. In his book "The Concept of Law," Hart argued that laws are rules that are created and maintained by a society's "rule of recognition," and that these rules are distinct from moral principles.


Robert Alexy: Alexy is a German legal philosopher who has developed a theory of law known as "discourse theory." According to Alexy, the validity of a legal norm is determined by its ability to meet certain criteria of rational discourse, including consistency, coherence, and the ability to justify itself in relation to other norms.


Joseph Raz: Raz is an Israeli legal philosopher who has developed a theory of law known as the "authority of law." According to Raz, the authority of law derives from the fact that it has been legitimately enacted and enforced by a competent legal authority, and that this authority is based on the consent of those subject to the law.