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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.
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 ...
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.
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.
Functionalist in philosophy of mind. Wilfrid Sellars (1912–1989). Influential American philosopher; Albert Camus (1913–1960). Absurdist. Paul Ricœur (1913–2005). French philosopher and theologian. Roland Barthes (1915–1980). French semiotician and literary theorist. Donald Davidson (1917–2003). Coherentist philosophy of mind. Louis ...
In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book the Pure Theory of Law. [49] Kelsen believed that although law is separate from morality, it is endowed with "normativity", meaning we ought to obey it.
Pitamic published several treatises on philosophy of law. He was the follower of the theories of legal positivism established by Hans Kelsen.His most important work is the volume Država (The State), published in 1927 and translated into English in 1933 under the title A Treatise on the State.