Question

What Austin called “determinate human superior”, some call it grund norm. Which one of the following jurists did it?

• A. Marx
• B. Duguit
• C. Hegel
• D. Kelsen

Hint:

Austin is associated with sovereign command theory, while Kelsen is associated with Grundnorm and Pure Theory of Law.

Answer 1

The Correct Option is D

Concept: Austin and Kelsen both explained law from different positivist approaches. Austin used the concept of sovereign, while Kelsen used the concept of Grundnorm.

Step 1: Understand Austin's view.
Austin defined law as a command of the sovereign. For Austin, the sovereign is a determinate human superior who is habitually obeyed by the people. \[ \text{Austin} \Rightarrow \text{Determinate human superior} \]

Step 2: Understand Kelsen's view.
Kelsen gave the Pure Theory of Law. According to him, the validity of all legal norms ultimately depends on a basic norm called the Grundnorm. \[ \text{Kelsen} \Rightarrow \text{Grundnorm} \]

Step 3: Match the concept with the jurist.
The term Grundnorm is directly associated with Hans Kelsen. Therefore, the correct answer is Kelsen.