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Words: | Submitted: Thu Aug 14 2003
... not seek to answer the question: 'what ought the law to be?' Legal science should be fashioned, according to Kelsen, in terms which will reflect the unique nature of the phenomenon of law. This will involve the building of a framework of concepts having reference only to the law; the 'uncritical mixture of methodically-different disciplines which characterises much legal theory' is to be rejected. The appropriate methodology of investigation, which will be value-free, will require the interpretation of experience and 'the reduction of multiplicity of unity'; indeed for Kelsen, all knowledge reflected the endeavour to establish unity from chaos. In such an investigation the concept of natural law would have no place. Kelsen viewed the claims of natural law as worthless, based on no more than speculative claims to immutability resting on 'Nature and Reason' concepts which seemed to him to clothe with an objective character that which is non-existent. * ...
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