Le théorème de Gödel et la norme fondamentale de Kelsen

Abstract

The famous Godel's theorem has mainly held the attention of logicians, epistemologists and philosophers. May it also bring a contribution to the thoughts of theorists of Law ? This appears in any case possible in the framework of theories, like that of Kelsen, which are working with the concept of systems of legal norms forming hierarchically an universal legal System, including the international law and ail the other minor legal systems. The main problem is then the validity of these different Systems of legal norms. Thus one may draw up a parallel with the Godel's theorem, which more particularly refers to the validity of systems of mathematical axioms forming also an hierarchical System. In order to well indicate that his Pure Theory of Law is limited to positive law, Kelsen has conceived a basic norm, which serves, on the theoretical level, to found the validity of the whole of the legal norms. The Godel's theorem does not imply whatever limitation of this kind. Other divergencies result from the materials upon which Godel and Kelsen have built their respective theories.