Kelsen's Objectivity in International Law
108 American Journal of International Law 715 (2014)
4 Pages Posted: 16 May 2015
Date Written: 2014
Kelsen asserts that morality, justice, fairness, and equity are not in the law but rather are commentaries upon the law. They belong not to law but to “religion or social metaphysics.” Law as pure science has neither room nor occasion for those subjectivities. The present essay finds this harsh objectivity useful in analyzing the behavioral patterns we call law.
Keywords: norms, cost effective, probability, autopoietic system, Pure Theory of Law
JEL Classification: K10, K19, K40, K49
Suggested Citation: Suggested Citation