The interpretation of facts in Law in the work of Hans Kelsen

Abstract

The paper aims to present the idea that Kelsen's theory of law leads to relativism in the interpretation of facts in court decision. For Kelsen, the “truth value” of a descriptive proposition would be not a question of verification of physical reality, but a normative interpretation of legal rules. The Pure Theory, although it is a project set in the context of neopositivism and the proposals of the Vienna Circle, ends up generating relativism about the truth of the facts.