INVESTIGASI PENDEK ATAS KESEJARAHAN TEORI HUKUM, SELAKU DISIPLIN YANG MENGEMBAN MISI TEORETIKAL BIDANG HUKUM

AbstrakThe work of Hans Kelsen which is known as "The Theory of Pure Science ofLaw" different from that of the Theory of Jurisprudence or in Dutch as"Alegemeine Rechtleer ". He desires to create a pure science of law, strippedfrom all irrelevant, and to separate jurisprudence from the social sciences.Kelsen refuses to define law as a command, for that introduces subjectiveand political considerations and he wishes his science to be truly objective.He wishes to separate the Realm of Jurisprudence from that of NaturalScience, the latter deals with couses and effects. Law and the State one reallythe same thing envisaged from different aspects. A legal order becomes aState when it has developed organs for the creation, declaration, andenforcement of law. When we look at the abstract rules we think of the legalorder, when we examine the institutions by which law is put into effect wethink of the State. But it is merely looking at the same thingfrom two angles