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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.
Hans Kelsen developed legal positivism further by separating law not only from morality, as the early positivists did, but also from empirical facts, introducing the concept of a norm as an "ought" statement as distinct from a factual "is" statement.
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.
[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.
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. The Pure Theory champions legal positivism, which draws a clear distinction between the factual "is" and "what ought to be".
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.
Charles Eisenmann (20 September 1903 – 4 October 1980) was a French jurist of Legal positivism. He is mainly known for having introduced the thought of Hans Kelsen in France and his contribution to the Legal positivism. [1]