Abstract

Far from a “psychologicalµ interpretation of the work of Bierling in this article I defend the thesis that Bierling is a predecessor of the Pure Theory of Law. This can be demonstrated through the main thoughts of Bierling: First, the central concept of the General Theory of Law is the concept of legal norm understood as an act of will (wollen) that expresses a duty (an “ought toµ: sollen). Second, legal norms have a hierarchical structure (Stufenbau) in the legal order. Third, the hierarchical structure of legal norms presupposes a basic norm (Grundnorm) as the last foundation of their validity (Geltung). Fourth, the concept of acknowledgment (Anerkennung) is a psycosocial concept that is analogue to the Kelsenian concept of efficacy (Wirksamkeit). Legal concepts, that is the concepts produced by Legal Science, are formal concepts (legal scientific formalism).