basic norm

In the legal theory of Hans Kelsen, the law from which all the other laws in a society derive.

• Kelsen’s “pure theory of law” maintains that laws are norms. Therefore, a society’s legal system is made up of its norms, and each legal norm derives its validity from other legal norms. Ultimately, the validity of all laws is tested against the “basic norm,” which may be as simple as the concept that all pronouncements of the monarch are to be obeyed. Or it may be an elaborate system of lawmaking, such as a constitution.

— Also termed grundnorm. See PURE THEORY.

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词条贡献者

双语律师容远，毕业于法国一流的高级翻译学院，擅长翻译各类与公司治理相关的法律文件。