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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 ...
Schmitt opposes this definition of sovereignty to those offered by contemporary theorists on the issue, particularly Hans Kelsen, whose work is criticized at several points in the essay. The state of exception is a critique of "normativism", a positivist concept of law developed by Kelsen of law as the expression of norms that are abstract and ...
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.
The legal scholar Hans Kelsen, who had just arrived in Geneva as a professor, was an adviser to Morgenthau's dissertation. Kelsen was among the strongest critics of Carl Schmitt. [23] Kelsen and Morgenthau became lifelong colleagues even after both emigrated from Europe to take academic positions in the United States. [24] [25]
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 ...
Hart's conception of law had parallels to the Pure Theory of Law formulated by Austrian legal philosopher Hans Kelsen, though Hart rejected several distinctive features of Kelsen's theory. Significant in the differences between Hart and Kelsen was the emphasis on the British version of positive law theory which Hart was defending as opposed to ...