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'Basic norm ' (German: Grundnorm) is a concept in the Pure Theory of Law created by Hans Kelsen, a jurist and legal philosopher. Kelsen used this word to denote the basic norm, order, or rule that forms an underlying basis for a legal system.
Hans Kelsen is considered one of the preeminent jurists of the 20th century and has been highly influential in Europe and Latin America, although less so in common law countries. His Pure Theory of Law describes law as "binding norms", while at the same time refusing to evaluate those norms. That is, "legal science" is to be separated from ...
Kelsen puts forth the argument that the Basic Norm is presupposed when an individual chooses to interpret the actions of authoritative officials in a normative way. [10] In his book Pure Theory of Law, Hans Kelsen aims to provide a holistic definition of law by embodying a comprehensive analysis of legal normativity and systematic structures ...
Hans Kelsen (/ ˈ k ɛ l s ən /; German: [ˈhans ˈkɛlzən]; October 11, 1881 – April 19, 1973) was an Austrian and later American jurist, legal philosopher and political philosopher.
Already in 1913, Kelsen had identified the need for a legal theoretic framework to support the idea of the Rechtsstaat. [5]Adolf Julius Merkl [de; pt] was a student of Kelsen's who made important contributions starting in 1918 in the area of hierarchy of norms that would help underpin some of Kelsen's ideas on norms and how they fit into his pure theory of law.
Hugo Krabbe (3 February 1857 – 4 February 1936) was a Dutch legal philosopher and writer on public law. Known for his contributions to the theory of sovereignty and the state, he is regarded as a precursor of Hans Kelsen. Also Krabbe identified the state with the law and argued that state law and international law are parts of a single ...
The rules must be (1) sufficiently general, (2) publicly promulgated, (3) prospective (i.e., applicable only to future behavior, not past), (4) at least minimally clear and intelligible, (5) free of contradictions, (6) relatively constant, so that they don't continuously change from day to day, (7) possible to obey, and (8) administered in a ...
[1] [2] Radbruch was a member of the Social Democratic Party of Germany (SPD), and held a seat in the Reichstag from 1920 to 1924. In 1921–22 and throughout 1923, he was minister of justice in the cabinets of Joseph Wirth and Gustav Stresemann.