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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 ...
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.
[citation needed] Among the foremost proponents of legal positivism in the twentieth century were Hans Kelsen, both in his European years prior to 1940 and in his American years until his death in 1973, and the British philosopher H. L. A. Hart.
'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.
Influenced by Hans Kelsen and a general local tradition of legal positivism, the statutory construction of the Austrian Constitutional Court relied mostly on grammatical interpretation from its beginnings in 1920 to the mid-1980s. In the decades since then, the court has increasingly made use of teleological reasoning.
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]
Hans Kelsen (1881–1973). Legal positivist. Moritz Schlick (1882–1936). Founder of Vienna Circle, logical positivism. Otto Neurath (1882–1945). Member of Vienna Circle. Nicolai Hartmann (1882–1950). Jacques Maritain (1882–1973). Human rights theorist. José Ortega y Gasset (1883–1955). Philosopher of History. Karl Jaspers (1883 ...