In 1934, the Austrian thinker Hans Kelsen continued the positivist custom in his book the Pure Theory of Law. Kelsen believed that though law is separate from morality, it’s endowed with “normativity”, that means we must obey it. While legal guidelines are positive “is” statements (e.g. the nice for reversing on a highway is €500); law tells us what we “should” do. Thus, each legal system may be hypothesised to have a basic norm instructing us to obey. Kelsen’s main opponent, Carl Schmitt, rejected both positivism and the idea of the rule of law as a result of he didn’t …