Particular intelligent beings may have laws of their own making, but they have some likewise which they never made. (...) To say that there is nothing just or unjust but what is commanded or forbidden by positive laws, is the same as saying that before the describing of a circle all the radii were not equal.
- Montesquieu, The Spirit of the Laws, Book I [1]
Yes, Kelsen was refuted before even he was born...