Problems of the Stufenbaulehre: Kelsen's Failure to Derive the Validity of a Norm from Another Norm

The Stufenbaulehre (doctrine on the hierarchical structure of the legal order, or literally 'step structure doctrine') is perhaps the most characteristic feature of the Pure Theory of Law. In the present article, this construction and the criticism of it are sketched (section 1), followed by an account of the attempt by Robert Walter, a contemporary exponent of the Vienna School of legal theory, to structure the legal system in a way different from the Stufenbaulehre (section 2). Finally, the article shows what ideological background the Stufenbaulehre is often alleged to have and examines if it is justified (section 3). The results of the present survey are then summarized (section 4).