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Kelsen used this word to denote the basic norm, order, or rule that forms an underlying basis for a legal system. The theory is based on a need to find a point of origin for all law, on which basic law and the constitution can gain their legitimacy (akin to the concept of first principles). This basic norm, however, is often described as ...
The dynamic theory of law is singled out in this subsection discussing the political philosophy of Hans Kelsen for the very same reasons which Kelsen applied in separating its explication from the discussion of the static theory of law within the pages of Pure Theory of Law. The dynamic theory of law is the explicit and very acutely defined ...
Kelsen puts forth the argument that the Basic Norm is presupposed when an individual chooses to interpret the actions of authoritative officials in a normative way. [10] In his book Pure Theory of Law, Hans Kelsen aims to provide a holistic definition of law by embodying a comprehensive analysis of legal normativity and systematic structures ...
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. While laws are positive "is" statements (e.g. the fine for reversing on a highway is €500); law ...
The identification of state and law, and the idea that state law and international law are integrated into a single normative system were embraced in the 1920s by the leading Austrian public lawyer and legal philosopher Hans Kelsen, [51] who recognised the debt he owed to Krabbe and praised his work as a "masterly critique of the German theory ...
Hart's conception of law had parallels to the Pure Theory of Law formulated by Austrian legal philosopher Hans Kelsen, though Hart rejected several distinctive features of Kelsen's theory. Significant in the differences between Hart and Kelsen was the emphasis on the British version of positive law theory which Hart was defending as opposed to ...
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 ...
In The General Theory of Law and Marxism Pashukanis criticised the pure theory of law advanced by leading European legal positivist, Hans Kelsen. Kelsen's theory maintained a strict separation between legal norms on one hand, and the social relations regulated by those norms on the other. [4]