纯粹法理论语境下的法律解释

凯尔森在纯粹法语境之下,对法律解释进行了分析。由于凯尔森法律体系理论和研究方法具有法律科学纯粹性,因此法律解释理论也是具有自身纯粹性。尽管不同学者对其抱有悲观态度,同时凯尔森对其论述着墨不多,但是凯尔森法律解释理论可谓是独辟蹊径。这种建立在纯粹法体系之上法律解释是形式的、结果的解释理论。凯尔森的法律解释是对自由法学中法律漏洞理论的一个回应。凯尔森认为法律解释存在于法律适用整个过程,但不可能用于漏洞填补。

Legal Interpretation under the Context of the Pure Theory of Law

Under the context of the pure theory of law, Hans Kelsen had made an analysis for legal interpretation. Since the legal system and research methodologies were the pure law, his legal interpretation theory had its own purity. But scholars held different pessimistic attitudes towards it. Hans Kelsen cared little about discussion on his theory. His legal interpretation seemed to confer some inspirations in the field of research with its uniqueness. His legal interpretation, under the context of the pure theory of law, was formalized and solution-oriented, but responded to the legal missing in the Free Law. Hans Kelsen thought the legal interpretation existed in the whole process of the law interpretation, and it couldn＇t make up the missing parts in law.