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Kreisfreie Stadt Halle, Alemania
In a barely noticed passage in the second edition of the Pure Theory of Law, Kelsen argues – against Kant – for a deterministic position. However, Kelsen does not realise that in doing so he literally pulls the rug out from under his concept. In a completely determined world, ought-propositions become meaningless. Even more: laws of nature and legal norms, ‘Is’ and ‘Ought’ can no longer be distinguished from each other. It follows that a Pure Theory of Law in the sense of Kelsen is only possible under the precondition of freedom of will.
