ABSTRACT
Carl Schmitt famously claimed Hans Kelsen solved the problem of sovereignty by negating it. For Schmitt, Kelsen's pure theory of law falsely elides the problem of sovereignty in the same manner as modern political concepts attempt to suppress their theological origins. As Kelsen states, at the beginning of The Pure Theory of Law, the theory is 'pure' 'because it aims at cognition focused on the law alone'. The author suggests that the connection between Kelsen and Cohen is not of merely historical interest, but also points to one of the central ambiguities of Kelsen's pure theory: the meaning of his basic norm (Grundnorm). Cohen's idea of God brings with it claims about God's sovereignty over all of creation, claims that, at least from a formal perspective, parallel Kelsen's attempt to solve the problem of sovereignty with the basic norm. The chapter also examines the implications of this analysis for contemporary reflection upon Kelsen and political theology.
