Ninety years after its publication, Hans Kelsen’s Pure Theory of Law remains a cornerstone in legal theory. This article delves into the contemporary political relevance of Kelsen’s work, arguing that, beyond the author’s original intent, its importance today is more “political” than “legal.” By critically examining Kelsen’s identification of the State and Law as a unified system of coercion and exploring the legal voluntarism and constructivism that underpin his theory, the article challenges his epistemological assumptions, the separation between the Is and the Ought, and his axiological relativism. The article also addresses the socio-political consequences of a “pure” statization and its disconnection from the ethical values of the contemporary society. Despite its lasting influence, Kelsen’s theory is considered insufficient to address today’s complex ethical and political challenges, emphasizing the urgent need to re-establish a stronger connection between law and ethics and reconsider its relevance in the light of current social and legal challenges.
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