In 1934, the Austrian thinker Hans Kelsen continued the positivist custom in his e-book the Pure Theory of Law. Kelsen believed that though law is separate from morality, it is endowed with “normativity”, that means we should obey it. While laws are constructive “is” statements (e.g. the fine for reversing on a freeway is €500); law tells us what we “should” do. Thus, each legal system could be hypothesised to have a basic norm instructing us to obey. Kelsen’s major opponent, Carl Schmitt, rejected each positivism and the concept of the rule of law as a end result of he didn’t accept the primacy of abstract normative principles over concrete political positions and decisions.
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