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Summary of theory
- Monism- Law and state are similar things. Kelsen denies the existence of the concept 'sovereign' as personal entity. This monistic theory of law stated that international and municipal law has the same subject matter. Hence international law is superior.
- There is no difference between public and private law. According to Kelsen, when all law derives its force from the same 'grundnorm', two entirely difference characters cannot be attributed to it on the ground of being a difference in certain respects.
- In pure theory of law, there is no difference between natural person and juristic person.
- 'Personality' means an entity capable of bearing rights and duties. All legal personalities are artificial and derive its validity from superior norms.
- The theory denies individual rights. According to Kelsen, the concept of right is not basically essential for a legal system.
- Legal personality is artificial. It deduces its validity from superior norm.
- Legislative, executive and judiciary are 'norm-creating' agencies. For that reason, there is no difference among legislative, executive and judiciary.
- In pure theory of law state is viewed as 1. A system of human behavior; and 2. An order of compulsion