毫无疑问,基础规范是凯尔森纯粹法学中最为耀眼、最具创造力的概念,也是纯粹法学理论中的一个核心概念,它的成败或许直接关系到整个纯粹法学的成立。然而,由于种种原因,这又是一个极具争议的概念,很多人认为这一概念充满了矛盾、混乱与模糊,并不足为信。那么,面对这样的诟病,我们究竟应该如何理解基础规范这个概念?笔者认为,任何一种学说或理论都必须放在一定的学术传统与背景中考虑,尤其要考量它的哲学根基。基础规范是纯粹法学背 Undoubtedly, the basic norms are the most dazzling and creative concept in Kelsen’s pure jurisprudence. They are also a core concept in pure jurisprudence. Its success or failure may directly relate to the establishment of pure jurisprudence. However, for various reasons, this is again a very controversial concept, and many people think that this concept is full of contradictions, confusion and vagueness, which is not enough to believe. So, in the face of such criticism, how should we understand the basic norms of this concept? The author believes that any one theory or theory must be placed in a certain academic tradition and background to consider, in particular, to consider its philosophical foundation. Basic norms are purely legal backs