The Law and What is Right. Hans Kelsen Under Suspicion

Abstract

Recall what was observed in Section 1.2: Translating objektives Recht to “law” and subjektives Recht to “right” would prove misleading to common-law and civil-law jurisprudents and jurists: It would not help toward improving their reciprocal understanding of those issues that are peculiar to each other’s legal culture. The distinction between “what is objectively right” and “what is subjectively right” is not a distinction pertaining to the concept expressed by “law.” It rather pertains to the concept expressed by “what is right” or “the right.”