UGC Approved Journal no 63975(19)

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Published in:

Volume 6 Issue 2
February-2019
eISSN: 2349-5162

UGC and ISSN approved 7.95 impact factor UGC Approved Journal no 63975

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Published Paper ID:
JETIRFJ06061


Registration ID:
320451

Page Number

290-294

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Title

The Rule of Recognition and Basic Norm

Authors

Abstract

Hans Kelsen, an Austrian jurist, is most known for his acclaimed Pure Theory of Law, which introduced the notion of "Basic Norm" (also known as "Grundnorm"). The theory is regarded as the most thorough statement of a positivist theory of law, in that its philosophy excludes the examination of any ethical, political, sociological, or historical dimensions, leaving it free of all "evaluative criteria" such as fear, morals, psychological factors, and so on. The Grundnorm is the foundation of positive law's validity. H.L.A. Hart, a British legal philosopher, is best known for his work on 'The Concept of Law,' which states that the system of rules is created by people and that it generates responsibilities without any inherent link between law and morality. From the standpoint of legal positivism, both philosophers regarded the extent of a legal system. The paper is split into two halves. The first section examines H.L.A. Hart and Hans Kelsen's jurisprudential work on the "Rule of Recognition" and "Basic Norm" in current legal contexts. As a result, a brief description of the similarities and differences between "the Rule of Recognition" and "the Grundnorm" will be provided. We'll also figure out which hypothesis is more viable in today's legal environment. The second section examines whether a nation state's constitution may be called its Grundnorm. A comparative study of India and the United Kingdom is carried out to determine the varied perspectives of ‘Grundnorm' as they have been implemented in their legal systems.

Key Words

Grundnorm, Law, Norm, Recognition,

Cite This Article

"The Rule of Recognition and Basic Norm", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 2, page no.290-294, February-2019, Available :http://www.jetir.org/papers/JETIRFJ06061.pdf

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2349-5162 | Impact Factor 7.95 Calculate by Google Scholar

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 7.95 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Cite This Article

"The Rule of Recognition and Basic Norm", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 2, page no. pp290-294, February-2019, Available at : http://www.jetir.org/papers/JETIRFJ06061.pdf

Publication Details

Published Paper ID: JETIRFJ06061
Registration ID: 320451
Published In: Volume 6 | Issue 2 | Year February-2019
DOI (Digital Object Identifier):
Page No: 290-294
Country: -, -, India .
Area: Engineering
ISSN Number: 2349-5162
Publisher: IJ Publication


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