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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.
'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.
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.
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 ...
Fuller was born in Hereford, Texas and grew up in the Imperial Valley in Southern California.He went to Stanford University as an undergraduate and for law school. [3] He taught at the University of Oregon School of Law, then at Duke University School of Law, where one of his students was future US president Richard Nixon.
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.
[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.