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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.
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]
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 ...
David Ashley and David M. Orenstein have alleged, in a consumer textbook published by Pearson Education, that accounts of Durkheim's positivism are possibly exaggerated and oversimplified; Comte was the only major sociological thinker to postulate that the social realm may be subject to scientific analysis in exactly the same way as natural ...
It’s no wonder Jeff Bezos holds over $70 million in art — this alternative asset has outpaced the S&P 500 since 1995, delivering an average annual return of 11.4%. Here’s how everyday ...
Legal positivism; Legal realism; Legal science; Legalism (Chinese philosophy) Legalism (Western philosophy) Leninism; Leonard Borgzinner; Leonard Read; Leonidas Donskis; Les jeux sont faits; Les Temps modernes; Leviathan (book) Lex, Rex; Li (Confucian) Li (Neo-Confucianism) Liberal conservatism; Liberal democracy; Liberalism in the United ...