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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).
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.
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.
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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]