Hans Kelsen's Pure Theory of Law is the most prominent example of
legal normativism. This text traces its origins and its genesis. In
philosophy, normativism started with Hume's distinction between Is-
and Ought-propositions. Kant distinguished practical from
theoretical judgments, while resting even the latter on
normativity. Following him, Lotze and the Baden neo-Kantians
instrumentalized normativism to secure a sphere of knowledge which
is not subject to the natural sciences. Even in his first major
text, Kelsen claims that law is solely a matter of Ought or
normativity. In the second phase of his writings, he places himself
into the neo-Kantian tradition, holding legal norms to be
Ought-judgments of legal science. In the third phase, he advocates
a barely coherent naive normative realism. In the fourth phase, he
supplements the realist view with a strict will-theory of norms,
coupled with set-pieces from linguistic philosophy; classical
normativism is more or less dismantled.
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