Peradaban Journal of Law and Society
Vol. 1 No. 2 (2022)

Understanding John Austin's Legal Positivism Theory and Hans Kelsen's Pure Legal Theory: an Introduction for Beginners

Ahmad Fanani (Sultan Omar 'Ali Saifuddien Centre for Islam Studies (SOASCIS), Universiti Brunei Darussalam)
Muhammad Sulthon Zulkarnain (Pojok Peradaban Institute, Malang, Indonesia)



Article Info

Publish Date
26 Dec 2022

Abstract

John Austin and Hans Kelsen are widely recognized as influential legal experts. Their theories and thoughts about law are still a reference for jurists around the world. John Austin's Legal Positivism Theory offers a scientific and measurable legal paradigm when most existing legal products do not have certainty and are not measurable with certainty. Meanwhile, Hans Kelsen's Pure Law theory was also born as a form of response to various legal products at that time which could not be separated from various social, political, and cultural interests. So that law as a product of the state does not have authoritative legal certainty. The thoughts of both have sparked various responses and many among legal experts around the world. Therefore this article will further explore the two thoughts of these two figures in the hope of helping to show that Pure Law Theory and positive law theory are still relevant to contemporary legal theory.

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Journal Info

Abbrev

PJLS

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Peradaban Journal of Law and Society (PJLS) is an open access and peer reviewed journal provides space for studies in the field of law and its various aspects in society. PJLS is committed to being an important resource in the study of academics and practitioners as well as researchers in the world ...