Critical analysis of the debate between Kelsen and Pashukanis in the theory of law. A perspective on the structuring and functioning of legal system

Abstract

The theory of Law acquired great importance during the twentieth century, due to the political, economic, and social changes of the time, so it was the subject of various debates and discussions with different approaches and points of view; However, despite their differences, most theories based their arguments on 3 main points: the nature, structure and function of the legal system. Although the different cultures and models proposed allowed for different interpretations of these axes, authors with contrasting perceptions of the nature and objective of Law stand out: E. Pashukanis and H. Kelsen.