alleryStart learning →The 'Grundnorm' or basic/ultimate norm from which all other norms derive their power is a central concept of which jurist's theory?
AHans Kelsen
BJeremy Bentham
CJohn Austin
DRoscoe Pound
Answer & Solution
Correct answer: A. Hans Kelsen
1. The unit describes Kelsen's 'pure theory of law' under the Positivistic school.
2. For Kelsen, law is a normative science, the science of 'Ought' norms.
3. All norms derive their power from an ultimate norm called the Grundnorm.
4. The Grundnorm is the apex of the hierarchical structure of legal norms.
5. Austin's Command Theory is different; so is Bentham's expository/censorial split.
_Source: ICSI CS Executive Programme, Paper 1 "Jurisprudence, Interpretation and General Laws", Lesson 1 "Sources of Law" (Nov 2021 edition, pp 2-19)._
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