Hans Kelsen- General theory of law & stateRelation between law & justice; positive law & natural law

If there was a an objectively recognizable justice , there would be no positive law, and hence, no State; for it would not be necessary to coerce people to be happy.The principles of natural law are only the expression of a certain group, they are not universal. (example: individual property right)It either justifies positive law by proclaiming its agreement with the natural,reasonable or divine order, an agreement asserted but not proved ; or it puts in question the validity of positive law proclaiming that it is in contradiction to one of the presupposed absolutes.

What Kelsen says is that law & justice are not such similar concepts as we see them, because justice can be only achieved when everyone is content- which is an irrational goal, impossible to satisfy. Thus, law isnt necessarily fair, because it cant give everyone what he or she wants, rather its scope is to sole the conflicts of interests between people by trying to find a balance between the sacrifices each need to achieve to make his/ her goal attainable, as well as not to prejudice in a major way the other person.

People are not just motivated by the existence or inexistence of sanctions, but also by their own alue of judgement of the advantages or disadvantages of a certain behavior.

Law in comparison to other social orders

Law is a specific social means, not an end.

What are the motives of lawful behavior? Is it just the fear or threat of a sanction?No, sometimes for people not this is the decisive factor.

What is law? Just an order/ organization or a social technique?

Coercion/korn/is the practice of forcing another party to act in an involuntary manner by use ofintimidationorthreatsor some other form of pressure or force.[1]

Law & use of force