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Hans Kelsen (/ ˈ k ɛ l s ən /; German: [ˈhans ˈkɛlsən]; October 11, 1881 – April 19, 1973) was an Austrian jurist, legal philosopher and political philosopher.He was the principal architect of the 1920 Austrian Constitution, which with amendments is still in operation.
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.
Bust of Hans Kelsen in the Arkadenhof, University of Vienna. The British legal positivism hitherto mentioned was founded on empiricism; by contrast, legal positivism was founded on the transcendental idealism of the German philosopher Immanuel Kant. Whereas British legal positivists regard law as distinct from morals, their Germanic ...
'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.
Charles Eisenmann (20 September 1903 – 4 October 1980) was a French jurist of Legal positivism. He is mainly known for having introduced the thought of Hans Kelsen in France and his contribution to the Legal positivism. [1]
This was subjected to criticism by the advocates of legal positivism such as the jurist Hans Kelsen for its distinction between "law created by the state and law produced by the organisational imperatives of non-state social associations". [21] According to Kelsen, Ehrlich had confused Sein ("is") and Sollen ("ought"). [22]
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Realism, or naturalism as a style depicting the unidealized version of the subject, can be used in depicting any type of subject without commitment to treating the typical or every day. Despite the general idealism of classical art, this too had classical precedents, which came in useful when defending such treatments in the Renaissance and ...