Purity of Law by Kelsen and Its Practical Ramifications
Lead author · Corresponding
Shambhavi Mishra
Student at Jindal Global Law School, O.P Jindal Global University, India.
Abstract
The aim of the article is to analyze the Kelsian view of Law and Justice as a pure enterprise free from societal constructs and political contexts. The Paper concludes by answering the question of whether such a view of Law is approachable in the Indian legal system. The article navigates between Kelsen’s famous theory of the ‘grundnorm’ and the ‘is and ought’ dichotomy, which is the cornerstone of his entire Philosophy of Law.
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