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What does Hans Kelsen's Grundnorm represent in his Pure Theory of Law?

Correct answer: D. The ultimate presupposed norm supporting legal validity

  • A. The highest factual order issued by a ruler
  • B. The customary practice followed by most citizens
  • C. The moral principle shared by the whole community
  • D. The ultimate presupposed norm supporting legal validity

Explanation

The Grundnorm is the basic presupposed norm from which the validity of lower legal norms is ultimately derived. Kelsen separates legal validity from morality, social custom and the factual commands of rulers.

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About Jurisprudence

Jurisprudence examines the nature, purpose and sources of law through the ideas of justice, rights, duties, sovereignty, liability and legal personality. It compares natural law, analytical positivism, historical, sociological and realist approaches, and considers how courts interpret legal rules, distinguish law from morality and resolve conflicts between competing principles.

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