A Pure Theory with a Naturalistic Fallacy? A Critique of Kletzer’s Reformulation

Abstract

Abstract: Kletzer’s book is the most important and most original contribution to the project of the Pure Theory of law that we have seen in decades. The reformulation that is offered by Kletzer raises the question, however, whether it is also consistent with Kelsen’s original project. This may be doubted, for it is to be feared that Kletzer’s theory involves a variety of the naturalistic fallacy and celebrates de facto as natural law the law of the jungle. As an attempt to continue the legacy of the Pure Theory, Kletzer’s contribution fails. The root of the failure lies in the conflation of alethic and deontic modalities.