"The characterization of Kelsen’s pure theory of law as an ideology is here not meant as a reproach, though its defenders are bound to regard it as such. Since every social order rests on an ideology, every statement of the criteria by which we can determine what is appropriate law in such an order must also be an ideology. The only reason why it is important to show that this is also true of the pure theory of law is that its author prides himself on being able to ‘unmask’ all other theories of law as ideologies and to have provided the only theory which is not an ideology. This Ideolologie-kritik is even regarded by some of his disciples as one of Kelsen’s greatest achievements. Yet, since every cultural order can be maintained only by an ideology, Kelsen succeeds only in replacing one ideology with another that postulates that all orders maintained by force are orders of the same kind, deserving the description (and dignity) of an order of law, the term which before was used to describe a particular kind of order valued because it secured individual freedom. Though within his system of thought his assertion is tautologically true, he has no right to assert, as he constantly does, that other statements in which, as he knows, the term ‘law’ is used in a different sense, are not true. What ‘law’ is to mean we can ascertain only from what those who used the word in shaping our social order intended it to mean, not by attaching to it some meaning which covers all the uses ever made of it. Those men certainly did not mean by law, as Kelsen does, any ‘social technique’ which employs force, but used it in order to distinguish a particular ‘social technique’, a particular kind of restraint on the use of force, which by the designation of law they tried to distinguish from others. The use of enforceable generic rules in order to induce the formation of a self-maintaining order and the direction of an organization by command towards particular purposes are certainly not the same ‘social techniques’. And if, because of accidental historical developments, the term ‘law’ has come to be used in connection with both these different techniques, it should certainly not be the aim of analysis to add to the confusion by insisting that these different uses of the word must be brought under the same definition."