Pure Theory of Hans Kelsen and Criticism of Luis Alberto Warat

Abstract

The majority of Law colleges in Brazil is in a pace which differs from the educations current theoretical and methodological paradigms. Rather than guiding students so that they understand laws according to ethical, sociological, philosophical, political, and critical perspectives, these colleges try to make sure they learn well both laws and its logical structure in the legal system. They are taught that the legal system is autonomous, complete, logical, and cut out by other system that is, society. This study aimed to introduce Luis Alberto Warats pedagogical perspective for law teaching. A theorist that searches to help building a new model for learning practices based on a remaking of old premises according to a critical and reflexive law, Warat aims at preventing law knowledge from being mummified and completely adapted to renewable and ceaseless situations and conflicts because of lack of critical reasoning. To contextualize this authors approach, this study presents previously the positivist theory of law, whose exponent is Hans Kelsen. After all, studying Warat means verifying the ways he followed to reach his approach. Besides, delaing with law teaching requires tracing back its legislation since its creation in 1827 to the present. For that, Kelsen laws pure theory, its influence on law teaching and Warat ideas on law and his pedagogical approach are unfolded in the context of law teaching history.

Keywords

• Ensino jurídico
• Luis alberto warat
• Positivismo jurídico