The theory that Hans Kelsen expounded in his main works is a general theory of positive law. Positive law is for Kelsen always the law of a definite community. To attain a scientific exposition of those particular orders constituting the corresponding legal communities is the design of the general theory of law. This theory, resulting from a comparative analysis of the different positive legal orders, gives the fundamental concepts by which the positive law of a legal community can be described. The topic of a general theory of law is the legal norms, their elements, their interrelation, the legal order as a whole, its structure, the relationship between different legal orders, and, finally, the unity of the law in the plurality of positive legal orders. Does the Kelsenian model still apply to 21st-century democracies?
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