This theory was proposed by Hans Kelsen. It is above all a pure legal system, that is, free from external forces, and the concept of separation of laws and morality must be respected at all times. Fundamentally, law is defined as a system of interconnected norms, with each norm dependent on another, more like a sequence or molecules whose validity is rooted in a Grundnorm which is the springboard for all laws. A law is only considered a Grundnorm if it achieves a minimum level of effectiveness and if it ceases to enjoy a minimum level of support, then it must be replaced by another. A typical example would be the old Constitution of Kenya, which was replaced by the current one in 2010. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”?Get the original essay Law has also been described as a normative science that has evolved around the epistemology of the hierarchy of normative relationships which is fundamentally the pyramid of standards; place the Grundnorm at the top of the pyramid. This concept was incorporated into the Kenyan system through the Judiciary Act, according to which judicial power must be exercised in accordance with the Constitution, which is the supreme law, making any law inconsistent with it considered void. It is also important to note that the validity of the supreme law is not subject to challenge by any state organ. And that the rights enjoyed by Kenyans cannot at any time create individualism among people because the language used is transparent enough to uphold the public interest. This means that once the commission of a crime is authorized by law, it harms the general public. The commission of rape results in acts such as assault and battery which are usually inflicted on the victim. This involves the use of force due to a struggle between the rapist and his victim. Section 24 of the Kenya Penal Code considers battery to be a criminal offense before the law. The Sexual Offenses Act defines sexual assault as the unlawful penetration of the genitals of another person with any part of the body of another person or of that person or even the manipulation of any part of his or her body or of another person's body in such a way as to cause the genital organ to penetrate into or through any part of the other person's body. He went further and highlighted rape as the intentional and illegal commission of an act which causes one's genitals to be penetrated and the other person does not consent to the penetration or even the consent is obtained by force or means of threats or intimidation of any kind. The language used above assumes that rape can be committed by either gender. Even if the law does not recognize marital rape as a crime, the constitution defends equality between spouses through the Declaration of Fundamental Rights and Freedoms, which includes a binding element for all those within its jurisdiction and which must be promoted and respected. times. This argument is supported by international instruments such as the Universal Declaration of Human Rights (UDHR), which is the mother of all declarations. Article 1 implies that everyone must be treated with equality and dignity and that parties to a union are entitled to equal rights. However, rape does the complete opposite of this. Keep in mind: this is just a sample. Get a personalized article from our expert writers now. Get a Custom Essay Marital rape is a..