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50 L. Q. Rev. 474 (1934)
Pure Theory of Law, The - Its Method and Fundamental Concepts

handle is hein.journals/lqr50 and id is 512 raw text is: THE PURE THEORY OF LAW. ITS METHOD AND FUNDAMENTAL CONCEPTS.' INTRODUCTION. T HE temper of English legal theory is less speculative than practical, a basic trait which may be taken to account for the noticeable lack, within recent years, of original and out- standing work on the fundamentals of legal philosophy. It is typical of this condition that in a recently published symposium, 'Modern Theories of Law,' out of ten essays only one is devoted to the work of an Anglo-Saxon, the American Dean Pound. On the Continent the case has been very different. The last fifty years have seen in Germany, in France and in Austria, a notable revival of interest in the essential problems of legal method and legal subject-matter. Foremost in this revival, to which such men as Jellinek, Stammler and Duguit have con- tributed, has been the work of the famous Vienna School whose head and founder was Hans Kelsen. Kelsen's published writings embrace a very diversified field of interest. Not only has he written on every aspect of juris- prudence, but also in the field of political philosophy he has published several books of exceptional merit. Special mention should be made of his 'Wesen und Wert der Demokratie' which ranks as one of the most important essays on democracy in modern European literature. In addition to these he has made not a few contributions to philosophy proper. With such an output his influence on contemporary writers has naturally been extensive. Unfortunately recent political events on the Con- tinent have tended to throw all such work as his into the shade. Yet while his influence appears, for the moment, to be on the wane within his own country, it continues to grow outside it. The present, hitherto unpublished article is only in a secondary sense a new one. It is a brief r6sum6 of the leading ideas of the Pure Theory of Law, ideas which have received repeated and full exposition in all the chief works, in the I Translated, with an Introduction, by Charles H. Wilson.

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