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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.
Kelsen is considered one of the preeminent jurists of the 20th century and has been highly influential among scholars of jurisprudence and public law, especially in Europe and Latin America although less so in common-law countries. Kelsen's theory of law, his 'Pure Theory of Law' (Reine Rechtslehre), aims to describe law as a hierarchy of ...
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 ...
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.
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 ...
Political Question Doctrine, Kelsen theory, legality of government and Constitution, legal order Uganda v. Commissioner of Prisons, Ex Parte Michael Matovu, [ 1 ] [1966] 1 EA 514, is a decision of the High Court of Uganda in which Hans Kelsen 's "General Theory on Law and State" [ 2 ] and the Political Question Doctrine were considered in ...
[7] [50] [51] Many of his contributions to the study of international law are based on Kelsen's theory of law and the state, which Verdross largely embraced, including the idea of the unity of law, the hierarchical structure of the legal system (so-called Stufenbau ) and the concept of basic norm (Grundnorm). [52] [53] [54] [55]
The 'rule skeptics' rejected legal rules as providing uniformity in law, and tried instead to find uniformity in rules evolved out of psychology, anthropology, sociology, economics, politics, etc. Hans Kelsen, it will be remembered, maintained that it is not possible to derive an 'ought' from an 'is'. The 'rule skeptics' avoided that criticism ...