A Study of the Nature of Kelsen's Basic Norm

Basic norm is one of core cotegaries in Kelsen's legal theory, which is very important to his pure theory of law. But Kelsen didn't make a clear definition of the nature of the basic norm. At first, Kelsen modified the basic norm as transcendental-logical presupposition according to the neo-Kantianism, and then he argued that the basic norm becomes a genuine fiction in the sense of Vaihinger's philosophy of “as-if”. Why? Because Kelsen's purpose that is to make a neo-Kantian foundation for the legal system didn't succeed. His purpose failed because Kelsen didn't stick to the neo-Kantianism thoroughly, when he made the transcendental argumentation of the basic norm.