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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.
The Hans-Kelsen-Forschungsstelle publishes, in cooperation with the Hans Kelsen-Institut and through the publishing house Mohr Siebeck, a historical-critical edition of Kelsen's works which is planned to reach more than 30 volumes; as of August 2023, the first eight volumes have been published by Mohr-Siebeck publishers.
'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.
Title page "Rechtsphilosophie" (1932) Radbruch's legal philosophy derived from neo-Kantianism, which assumes that a categorical cleavage exists between "is" (sein) and "ought" (sollen).
In Kelsen's view, the validity of a legal norm derives from a higher norm, creating a hierarchy that ultimately rests on a "basic norm": this basic norm, not the sovereign, is the ultimate source of legal authority. In addition to Kelsen, other prominent legal positivists of the 20th century include H. L. A. Hart and Joseph Raz.
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.
Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fiction in The Concept of Law. [52] Hart argued law is a system of rules, divided into primary (rules of conduct) and secondary ones (rules addressed to officials to administer primary rules).
Carl Schmitt [a] (11 July 1888 – 7 April 1985) was a German jurist, political theorist, and prominent member of the Nazi Party.He was the presiding legal expert at meetings during the early stages of the Third Reich that resulted in a formal decision to bypass the process of formulating a new constitution.