Knowledge (XXG)

Hans Kelsen

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in his time. The major question for Jellinek and Kelsen, as stated by Baume is, "How can the independence of the state in a dualist perspective be reconciled with its status (as) representative of the legal order? For dualistic theorists there remains an alternative to monistic doctrines: the theory of the self-limitation of the state. Georg Jellinek is an eminent representative of this theory, which allows one to avoid reducing the state to a legal entity, and also to explain the positive relationship between law and state. The self-limitation of the sphere of the state presupposes that the state, as a sovereign power, by the limits that it imposes on itself, becomes a rule-of-law state." For Kelsen, this was appropriate for as far as it went yet it still remained a dualistic doctrine and therefore Kelsen rejected it stating: "The problem of the so-called auto-obligation of the State is one of those pseudo-problems that result from the erroneous dualism of State and law. This dualism is, in turn, due to a fallacy of which we meet numerous examples in the history of all fields of human thought. Our desire for the intuitive representation of abstractions leads us to personify the unity of a system, and then to hypostasize the personification. What originally was only a way of representing the unity of a system of objects becomes a new object, existing in its own right." Kelsen was joined in this critique by the distinguished French jurist
1178:. In the early 1960s an expanded version was set up in proof but was withdrawn at Kelsen's insistence (and considerable personal expense in reimbursing the publisher), for reasons that have never become clear. However, the Hans Kelsen Institute eventually decided that it should be published. It is a vigorous defense of modern science against all, including Voegelin, who wished to overturn the accomplishments of the Enlightenment by demanding that science be guided by religion. Kelsen seeks to expose contradictions in their claim that modern science, after all, rests upon the same sorts of assumption as religion—that it constitutes forms of "new religion" and so should not complain when old religion is brought back in. Four major areas of Kelsen's contributions to legal theory over his lifetime included the following areas of (i) judicial review, (ii) hierarchical law, (iii) the de-ideologicalization of positive law to strongly disassociate all reference to natural law, and (iv) the clear delineation of the science of law and legal science in twentieth century modern law. 1393:
politics, and religion. Culture and society were to be regulated by the state according to legislative and constitutional norms. Kelsen recognized the province of society in an extensive sense which would allow for the discussion of religion, natural law, metaphysics, the arts, etc., for the development of culture in its many and varied attributes. Very significantly, Kelsen came to the strong inclination in his writings that the discussion of justice, as one example, was appropriate to the domain of society and culture, though its dissemination within the law was highly narrow and dubious. A twentieth century version of modern law, for Kelsen, would need to very carefully and appropriately delineate the responsible discussion of philosophical justice if the science of law was to be allowed to progress in an effective manner responding to the geopolitical and domestic needs of the new century.
44: 844:, that jurisprudence should start with justice. I place this preference not on exhortatory grounds, but on a belief that until one has wrestled with the problem of justice one cannot truly understand the other issues of jurisprudence. Kelsen, for example, excludes justice from his studies (of practical law) because it is an 'irrational ideal' and therefore 'not subject to cognition.' The whole structure of his theory derives from that exclusion. The meaning of his theory can therefore be understood only when we have subjected to critical scrutiny its keystone of negation." Lon Fuller felt that the natural law position he was advocating against Kelsen was incompatible with Kelsen's dedication to the responsible use of positive law and the science of law. During the ensuing years, Kelsen increasingly dealt with issues of 1384:
philosophy of Dante, he turned to the study of Jellinek's dualist theory of law and state in Heidelberg in the years leading to 1910. Kelsen found that although he had a high respect for Jellinek as a leading scholar of his day, that Jellinek endorsement of a dualist theory of law and state was an impediment to the further development of a legal science which would be supportive of the development of responsible law throughout the twentieth century in addressing the requirements of the new century for the regulation of its society and of its culture. Kelsen's highly functional reading of the state was the most compatible manner he could locate for allowing for the development of positive law in a manner compatible with the demands of twentieth century geopolitics.
1296:, Kelsen indicated his position concerning social justice stating, "uppose that it is possible to prove that the economic situation of a people can be improved so essentially by so-called planned economy that social security is guaranteed to everybody in an equal measure; but that such an organization is possible only if all individual freedom is abolished. The answer to the question whether planned economy is preferable to free economy depends on our decision between the values of individual freedom and social security. Hence, to the question of whether individual freedom is a higher value than social security or vice versa, only a subjective answer is possible," 548: 1375:
state and its associated society. The principles of explicitly defined sovereignty became of increasing importance to Kelsen as the domain of his concerns extended more comprehensively into international law and its manifold implications following the conclusion of WWI. The very regulation of international law in the presence of asserted sovereign borders either presented a major barrier for Kelsen in the application of principles in international law, or represented areas where the mitigation of sovereignty could greatly facilitate the progress and effectiveness of international law in geopolitics.
666:, Kelsen faced increasing pressure from the administration which appointed him to specifically address issues and cases concerning the providence of divorce provisions in state family law. Kelsen was inclined to a liberal interpretation of the divorce provision while the administration which had originally appointed him was responding to public pressure for the predominantly Catholic country to take a more conservative position on the issue of the curtailment of divorce. In this increasingly conservative climate, Kelsen, who was considered sympathetic to the 1640:, who maintained that there were substantial neo-Kantian insights which were open to Kelsen, which Kelsen himself did not appear to develop to the full extent of their potential interpretation as summarized in the section above. Sara Lagi in her book on Kelsen and his 1920s writings on democracy has articulated the revised and guarded reception of Jellinek by Kelsen. Kelsen was the principal author of the passages for the incorporation of judicial review in the Constitutions of Austria and Czechoslovakia during the 1910s largely on the model of 1235:
numerous sources who might desire to utilize the term. For Kelsen, this ambiguity in the definition of natural made it unusable in any practical sense for a modern approach to understanding the science of law. Kelsen explicitly defined positive law to deal with the many ambiguities he associated with the use of natural law in his time, along with the negative influence which it had upon the reception of what was meant even by positive law in contexts apparently removed from the domain of influence normally associated with natural law.
1668:. Kelsen believed that the blamelessness associated with Germany's political leaders and military leaders indicated a gross historical inadequacy of international law which could no longer be ignored. Kelsen devoted much of his writings from the 1930s and leading into the 1940s towards reversing this historical inadequacy which was deeply debated until ultimately Kelsen succeeded in contributing to the international precedent of establishing war crime trials for political leaders and military leaders at the end of WWII at 448: 1159: 1187:
Marshall's common law version of judicial review into its form of constitutionally legislated law became an explicit theme for Kelsen. In drafting the constitutions for both Austria and Czechoslovakia, Kelsen chose to carefully delineate and limit the domain of judicial review to a narrower focus than was originally accommodated by John Marshall. Kelsen did receive a lifetime appointment to the court of judicial review in Austria and remained on this court for almost an entire decade during the 1920s.
497:, who wrote in 1911: "Self-limitation theory (vis Jellinek) contains some real sleight of hand. Voluntary subordination is not subordination. The state is not really limited by the law if the state alone can introduce and write this law, and if it can at any time make any changes that it wants to make in it. This kind of foundation of public law is clearly extremely fragile." As a result, Kelsen solidified his position endorsing the doctrine of the identity of law and state. 3632: 683:"Kelsen defended the legitimacy of the constitutional court by combating the reasons that Schmitt cites for assigning the role of the guardian of the Constitution to the President of the Reich. The dispute between these two lawyers was about which body of the state should be assigned the role of guardian of the German Constitution. Kelsen thought that this mission ought to be conferred on the judiciary, especially the Constitutional Court." 1218:(see subsection above). In its second edition, this chapter on the static theory of the law was almost one hundred pages in length and represented a comprehensive study of law capable of standing as an independent subject for research for legal scholars in this area of specialization. Second, it was a measure of relative centralization or decentralization. Third, a fully centralized system of law would also correspond to a unique 536:, enacted in 1920. The document still forms the basis of Austrian constitutional law. Kelsen was appointed to the Constitutional Court, for his lifetime. Kelsen's emphasis during these years upon a Continental form of legal positivism began to further flourish from the standpoint of his law-state monism, somewhat based upon the previous examples of Continental legal positivism found in such scholars of law-state dualism such as 1514: 4377: 4387: 1407: 1314: 599: 4402: 679:
envisioned for national socialism in Germany. Kelsen wrote his scathing reply to Schmitt in his 1931 essay, "Who Should Be the Guardian of the Constitution?", in which he defended in plain terms the importance of judicial review over and against the excessive form of executive authoritarian government which Schmitt was promulgating in the early 1930s. As Baume states,
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position representing his wide range of contributions to the theory and practice of law. Few scholars in the study of law were able to match his ability to engage and often polarize legal opinion during his own lifetime and extending well into his legacy reception after his death. One significant example of this involves his introduction and development of the term
1491:. The dynamic theory of law is the explicit and very acutely defined mechanism of state by which the process of legislation allows for new law to be created, and already established laws to be revised, as a result of political debate in the sociological and cultural domains of activity. Kelsen devotes one of his longest chapters in the revised version of 310:, which with amendments is still in operation. Due to the rise of totalitarianism in Austria (and a 1929 constitutional change), Kelsen left for Germany in 1930 but was forced out of his university post after the Nazi seizure of power in 1933 because of his Jewish ancestry. That year he left for Geneva and in 1940 he moved to the United States. In 1934, 864:
than one thousand war crimes cases. For Kelsen, the trials were the culmination of approximately fifteen years of research he had devoted to this topic, which started still in his European years, and which he followed with his celebrated essay, "Will the Judgment In the Nuremberg Trial Constitute a Precedent In International Law?," published in
934:(Ontos Verlag, reprinted in 2005, 140pp, originally published 1956), Kelsen enumerated a point by point criticism of the excessive idealism and ideology which he saw as prevailing in Voegelin's book on politics. This exchange and debate has been documented in the appendix to the book, written by the author on Voegelin, Barry Cooper, entitled 1586:
own right. This has resulted in one of the longest-running debates within the general Kelsen community as to whether Kelsen became a neo-Kantian himself after the encounter with Cohen's work, or if he managed to keep his own non-neo-Kantian position intact which he claimed was the prevailing circumstance when he first wrote his book in 1911.
1478:. In Kelsen's general assessments, centralization was to often be associated with more modern and highly developed forms of enhancements and improvements to sociological and cultural norms, while the presence of decentralization was a measure of more primitive and less sophisticated observations concerning sociological and cultural norms. 735:. Kelsen and Morgenthau were united against this National Socialist school of political interpretation which down-played the rule of law, and they became lifelong colleagues even after both had emigrated from Europe to take their respective academic positions in the United States. During these years, Kelsen and Morgenthau had both become 1779:(2012, written in English). The Institut's database is free online with login registration. The founding directors of the Institut, Kurt Ringhofer and Robert Walter, held their posts until their deaths respectively in 1993 and 2010. The current directors are Clemens Jabloner (since 1993) and Thomas Olechowski (since 2011). 1738:. Llewellyn, as a firm anti-positivist against Kelsen stated, "I see Kelsen's work as utterly sterile, save in by-products that derive from his taking his shrewd eyes, for a moment, off what he thinks of as 'pure law.'" In his democracy essay of 1955, Kelsen took up the defense of representative democracy made by 1751:
Many of the controversies and critical debates during his lifetime continued after Kelsen's death in 1973. Kelsen's ability to polarize opinion among established legal scholars continued to influence the reception of his writings well after his death. The formation of the European Union recalled many
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published in 1960 had at least as large an effect upon the international legal community as did the first edition published in 1934. Kelsen was a tireless defender of the application legal science in defending his position and was constantly confronting detractors who were unconvinced that the domain
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in his 1911 Habilitation dissertation (see description above). Kelsen, after attending Jellinek's lectures in Heidelberg oriented his interpretation according to the need to extend Jellinek's research past the points which Jellinek had set as its limits. For Kelsen, the effective operation of a legal
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In different contexts, Kelsen would indicate his preferences in different ways, with some neo-Kantians asserting that late in life Kelsen largely abided by the symbolic reading of the term when used in the neo-Kantian context, and as he has documented. The neo-Kantian reading of Kelsen can further be
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A common theme which was unavoidable for Kelsen within the many applications he encountered of his political philosophy was that of centralization and decentralization. For Kelsen, centralization was a philosophically key position to the understanding of the pure theory of law. The pure theory of law
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Five principal areas of concern for Kelsen in the area of political philosophy can be identified among his many interests for their centrality and the effect which they exerted over virtually his entire lifetime. These are; (i) Sovereignty, (ii) Law-state identity theory, (iii) State-society dualism,
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As described above, the Kelsenian court model set up a separate constitutional court which was to have sole responsibility over constitutional disputes within the judicial system. Kelsen was the primary author of its statutes in the state constitution of Austria as he documents in his 1923 book cited
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Kelsen's time at Heidelberg was of lasting importance to him in that he began to solidify his position of the identity of law and state from the initial steps he observed as being taken by Jellinek. Kelsen's historical reality was to be surrounded by the dualistic theories of law and state prevailing
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After accepting the need for endorsing an explicit reading of the identity of law and state, Kelsen remained equally sensitive to recognizing the need for society to nonetheless express tolerance and even encourage the discussion and debate of philosophy, sociology, theology, metaphysics, sociology,
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reasoning which he saw as more directly suited to the legal sciences. The science of law and legal science were key methodological distinctions which were of high importance to Kelsen in the development of the pure theory of law and the general project of removing ambiguous ideological elements from
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Judicial review for Kelsen in the twentieth century was part of a tradition inherited from the common law tradition based upon the American constitutional experience as introduced by John Marshall. By the time the principle had reached Europe and specifically Kelsen, the issue of the codification of
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Kelsen's objective in part was to safeguard the importance of the responsible separation of state and religion for those sympathetic to religion and concerned with this separation. Kelsen's 1956 book was followed in 1957 by a collection of essays on justice, law and politics, most of them previously
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in 1926 were unsuccessful in their explicit drive to instill a strong version of judicial review in Germany's Weimar Constitution. The complete set of the articles published in the debate between Kelsen and Schmitt during the 1930s has been collected by Lars Vinx and published in English translation
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Sandrine Baume has summarized the confrontation between Kelsen and Schmitt at the very start of the 1930s. This debate was to reignite Kelsen's strong defense of the principle of judicial review against the principle of an authoritarian version of the executive branch of government which Schmitt had
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in Schumpeter's book on democracy and capitalism. Although Schumpeter took a position unexpectedly favorable to socialism, Kelsen felt that a rehabilitation of the reading of Schumpeter's book more amicable to democracy could be defended and he quoted Schumpter's strong conviction that, to "realize
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of the time and Kelsen was, in his own way, receptive to many of the ideas which Cohen had expressed in his published book review of Kelsen's writing. Kelsen had insisted that he had never used this material in the actual writing of his own book, though Cohen's ideas were attractive to him in their
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was in large measure two-fold since it importantly indicated the logical regress of superior relationships between norms as they led to the norm which ultimately would have no other norm to which it was inferior. Its second feature was that it represented the importance which Kelsen associated with
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The understanding of Kelsen's highly functional reading of the identity of law and state continues to represent one of the most challenging barriers to students and researchers of law approaching Kelsen's writings for the first time. After Kelsen completed his doctoral dissertation on the political
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The definition and redefinition of sovereignty for Kelsen in the context of twentieth century modern law became a central theme for the political philosophy of Hans Kelsen from 1920 to the end of his life. The sovereignty of the state defines the domain of jurisdiction for the laws which govern the
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As summarized by Sandrine Baume, "In 1927 recognized his debt to Kantianism on this methodological point that determined much of his pure theory of law: 'Purity of method, indispensable to legal science, did not seem to me to be guaranteed by any philosopher as sharply as by Kant with his contrast
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The redefinition of the science of law and legal science to meet the requirements of modern law in the twentieth century was of significant concern to Kelsen. Kelsen wrote book-length studies detailing the many distinctions to be made between the natural sciences and their associated methodology of
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Kelsen, during the time period of his education and legal training in fin-de-siecle Europe, had inherited a highly ambiguous definition of natural law which could be presented as having metaphysical, theological, philosophical, political, religious, or ideological components depending on any one of
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and its dissemination in Austria and abroad, and to inform about and encourage the continuation and development of the pure theory. To this end it produces, through the publishing house Manz, a book series that currently runs to more than 30 volumes. The Institut administers the rights to Kelsen's
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at the University of Vienna. Merkl was developing a structural research approach for the understanding of law as a matter of the hierarchical relationship of norms, largely on the basis of their being either superior, the one to the other, or inferior with respect to each other. Kelsen adapted and
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The closing chapter of Kelsen's study of political allegory in Dante also was important for emphasizing the particular historical path which led directly to the development of modern law in the twentieth century. After emphasizing Dante's importance to this development of legal theory, Kelsen then
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in 2011, the center was transferred there. The Hans-Kelsen-Forschungsstelle publishes, in cooperation with the Hans Kelsen-Institut and through the publishing house Mohr Siebeck, a historical-critical edition of Kelsen's works which is planned to reach more than 30 volumes; as of August 2023, the
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and its numerous inadequacies which he had documented in his previous writings. Kelsen wrote his 700-page treatise on the United Nations, along with a subsequent two hundred page supplement, which became a standard text book on studying the United Nations for over a decade in the 1950s and 1960s.
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to discussing the central importance he associated with the dynamic theory of law. Its length of nearly one hundred pages is suggestive of its central significance to the book as a whole and may almost be studied as an independent book in its own right complementing the other themes which Kelsen
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Another part of Kelsen's practical legacy, as he has recorded, was the influence that his writings from the 1930s and early 1940s had upon the extensive and unprecedented prosecution of political leaders and military leaders at the end of WWII at Nuremberg and Tokyo, producing convictions in more
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as representing two distinguishable forms of legal positivism has continued to be influential in distinguishing between Anglo-American forms of legal positivism from Continental forms of legal positivism. The implications of these contrasting forms continues to be part of the continuing debates
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on questions relating to the definition of sovereignty and its interpretation in international law. Kelsen became deeply committed to the principle of the adherence of the state to the rule of law above political controversy, while Schmitt adhered to the divergent view of the state deferring to
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which can be briefly summarized to illustrate the diverse responses which his opinion was able to often stimulate in the legal community of his time. The short version of its reception is illustrative of many similar debates with which Kelsen was involved at many points in his career and may be
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This section delineates the reception and criticism of Kelsen's writings and research throughout his lifetime. It also explicates the reaction of his scholarly reception after his death in 1973 concerning his intellectual legacy. Throughout his lifetime, Kelsen maintained a highly authoritative
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to these historical transitions in legal theory leading to modern twentieth century law. In the case of Machiavelli, Kelsen saw an important counter-example of an exaggerated executive part of government operating without effective legal restraints on responsible conduct. For Kelsen, this was
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and the acts of State doctrine when used as a defense during the prosecution of war crimes. On page 228 of the essay Kelsen states that, "Acts of State are acts of individuals performed by them in their capacity as organs of the State, especially by that organ which is called the Government
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in 1929 and his negative reaction to the vast idealism he saw represented in its pages, along with the lack of the recognition of sanctions for the illicit actions of belligerent states. Kelsen had come to endorse strongly the sanction-delict theory of law which he saw as substantially
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of Dante Alighieri and it was only with his second book that Kelsen started to write book length studies about the philosophy of law and its practical applications. Baume speaks of Kelsen's political philosophy concerning judicial review as coming closest to Ronald Dworkin and
468:. Kelsen's conversion to Catholicism was contemporaneous to the book's completion in 1905. He obtained the degree of Dr. Juris (doctor of law) by examination in 1906. In 1908, studying for his habilitation, Kelsen won a research scholarship which allowed him to attend the 1743:
the relative validity of one's convictions and yet stand for them unflinchingly," as consistent with his own defense of democracy. Kelsen himself made mixed statements concerning the extensiveness of the greater or lesser strict association of democracy and capitalism.
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in 1945. Kelsen was defending a position of the distinction of the philosophical definition of justice as it is separable from the application of positive law. As Fuller stated his opposition, "I share the opinion of Jerome Hall, evidenced in this excellent
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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
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Shortly after the initiation of the drafting of the UN Charter on 25 April 1945 in San Francisco, Kelsen began the writing of his extended 700-page treatise on the United Nations as a newly appointed professor at the University of California at Berkeley
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before returning to Geneva where he remained until 1940. His interest in international law became especially focused in Kelsen's writings on international war crimes which he redoubled his efforts on behalf of after his departure to the United States.
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countries, including the United States, in which courts of general jurisdiction from the trial level up to the court of last resort frequently have powers of constitutional review. Following increasing political controversy about some positions of the
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For the occasion of Hans Kelsen's 90th birthday, the Austrian federal government decided on 14 September 1971 to establish a foundation bearing the name "Hans Kelsen-Institut". The Institut became operational in 1972. Its task is to document the
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at the University of Vienna. The main purposes of the hierarchical description of the law was three-fold for Kelsen. First, it was essential to understanding his celebrated static theory of law as elaborated in Chapter four of his book on the
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of his debates with Schmitt on the issue of the degree of centralization which would in principle be possible, and what the implications concerning state sovereignty would be once the unification was put into place. Kelsen's contrast with
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This section covers Kelsen's years during his American years. Kelsen's participation and his part in the establishment of war crimes tribunals following WWII has been discussed in the previous section. The end of WWII and the start of the
1101:. The current translation of the second edition, in omitting many footnotes, obscures the extent to which the Pure Theory is both philosophically grounded and responsive to earlier theories of law; a new translation is in preparation. 2976:. Cambridge, Massachusetts, Harvard University Press, 2000. This collection of lectures was edited by Barbara Herman. It has an introduction on modern moral philosophy from 1600–1800 and then lectures on Hume, Leibniz, Kant, and Hegel. 1713:, which he reasoned were less successful forms of government when compared to democracy. This, for Kelsen, was especially the case when dealing with the question of the compatibility of different forms of government in relation to the 1622:
This section covers Kelsen's years in Austria, Germany, Czechoslovakia and Switzerland. While still in Austria, Kelsen entered the debate on the versions of Public Law prevailing in his time by engaging the predominating opinions of
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and Stanley L. Paulson. Among Kelsen's principal critics today is Joseph Raz, who has excoriated the reading of Nuremberg and the war crimes trials which Kelsen had interpreted in a consistent manner throughout the 1930s and 1940s.
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corresponded to something directly and concretely comparable to a sovereign nation's federal constitution, under which would be organized all of its regional and local laws, and no law would be recognized as being superior to it.
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order required that it be separated from political influences in terms which exceeded substantially the terms which Jellinek had adopted as its preferred form. In response to his 1911 dissertation, Kelsen was challenged by the
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to his 1943 "War Criminals" essay cited in the above paragraph titled, "Collective and Individual Responsibility for Acts of State in International Law," Kelsen presented his thoughts on the distinction between the doctrine of
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if and only if the organ creating it has been so empowered by a higher norm. Public international law is understood as similarly hierarchical. In this way, Kelsen contends, the validity of legal norms (their specifically
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from 1999. Kelsen's other book defending his realist position regarding the issue of the separation of state and religion as opposed to that of Voegelin's position on this issue was published posthumously under the title
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having undue influence on the development of modern twentieth century law. In his last years, Kelsen turned to a comprehensive presentation of his ideas on norms. The unfinished manuscript was published posthumously as
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instrumental in the orientation of his own legal thinking in the direction of government strictly according to law, eventually with a heightened emphasis on the importance of a fully elaborated power of judicial review.
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A third example of the controversies with which Kelsen was involved during his European years surrounded the severe disenchantment which many felt concerning the political and legal outcomes of WWI and the
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Hierarchical law as a model for understanding the structural description of the process of understanding and applying the law was central for Kelsen and he adopted the model directly from his colleague
1827: 633:, while opposition to his view was voiced by Erich Kaufman, Hermann Heller, and Rudolf Smend. An important part of Kelsen's main practical legacy is as the inventor of the modern European model of 352:), into a much enlarged "second edition" published in 1960 (it appeared in an English translation in 1967). Kelsen throughout his active career was also a significant contributor to the theory of 4556: 1660:
political fiat. The debate had the effect of polarizing opinion not only throughout the 1920s and 1930s leading up to WWII, but has also extended into the decades after Kelsen's death in 1973.
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character) can be understood without tracing it ultimately to some suprahuman source such as God, personified Nature or a personified State or Nation. The Pure Theory is intended as rigorous
727:. By remarkable good fortune for Morgenthau, Kelsen had just arrived in Geneva as a professor and he became an adviser for Morgenthau's dissertation. Kelsen was among the strongest critics of 168: 1468:
is in many ways dependent upon the logical regress of its hierarchy of superior and inferior norms reaching a centralized point of origination in the hierarchy which he termed the
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in 1942. He was supported by Roscoe Pound for a faculty position at Harvard but opposed by Lon Fuller on the Harvard faculty before becoming a full professor at the department of
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Although Kelsen was successful in drafting sections for the Constitution in Austria for a strong court of judicial review, his sympathizers in Germany were less successful. Both
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and Catholicism, Kelsen was baptised as a Roman Catholic on 10 June 1905. On 25 May 1912 he married Margarete Bondi (1890–1973), the two having converted a few days earlier to
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in 1947. It was preceded in 1943 by Kelsen's essay, 'Collective and Individual Responsibility in International Law with Particular Regard to Punishment of War Criminals', 31
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Kelsen's early work on Dante's theory of the state in 1905 became his first book on political theory. The study makes a rigorous examination of the "two swords doctrine" of
3457: 853: 1928:. A critical, detailed, highly technical legal analysis of the United Nations charter and organization. Originally published conjointly: New York: Frederick A. Praeger, . 4546: 1673: 1274:
between Is and Ought. Thus for me, Kantian philosophy was from the very outset the light that guided me.'" Kelsen's high praise of Kant in the absence of any specific
4481: 432:(license to give university lectures) on 9 March 1911. Twice in his life, Kelsen converted to separate religious denominations. At the time of his dissertation on 1093:, was published in two editions, far apart: in 1934, while he was in exile in Geneva, and a second, much expanded edition after he had formally retired from the 1126:. It is stated that in the English-speaking world, and notably the "Oxford school" of jurisprudence, Kelsen's influence can be seen particularly in the work of 926:
This 1955 essay by Kelsen on democracy was also important for summarizing his critical stance towards the 1954 book on politics by his former student in Europe
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also eventually his subsequent academic career, because Kelsen produced the positive evaluation that convinced the board of examiners to award Morgenthau his
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During the 1920s, Kelsen continued to promote his celebrated theory of the identity of law and state which made his efforts a counterpoint to the position of
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was strictly symbolic or whether it had a concrete foundation. This has led to the further division within this debate concerning the currency of the term
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Another form of the reception of the term originated from the fairly extended attempt to read Kelsen as a neo-Kantian following his early engagement with
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Kelsen wrote primarily in German, as well as in French and in English. His complete works are being published, both in hard copy and online, as the
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or basic norm which would not be inferior to any other norm in the hierarchy due to its placement at the utmost foundation of the hierarchy (see
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the concept of a fully centralized legal order in contrast to the existence of decentralized forms of government and representing legal orders.
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in English, and reprinted in 1966. In 1955, Kelsen turned to a 100-page essay, "Foundations of Democracy," for the leading philosophy journal
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The reception and criticism of Kelsen's work and contributions has been extensive with both ardent supporters and detractors. Kelsen's
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Hans Kelsen established the principles of judicial review in the Constitutions of Austria and Czechoslovakia following the example of
1094: 836: 750:. In the introductory essay to the volume, Behr and Rosch indicate that the Geneva faculty under the examiners Walther Burckhardt and 667: 341: 172: 2581:(Oxford, Clarendon P., 1992); the German subtitle is used as the English title, to distinguish this book from the second edition of 872:, p 530, and in 1944 by his essay, "The Rule Against Ex Post Facto and the Prosecution of the Axis War Criminals," which appeared in 4516: 3446: 2739: 2363: 2339: 2279: 1782:
In 2006, the Hans-Kelsen-Forschungsstelle (Hans Kelsen Research Center) was founded under the direction of Matthias Jestaedt at the
1454: 1361: 3015:
published his book on Administrative Law following immediately his encounter with Jellinek and his debate with Jellinek's dualism.
333:
and social theory as well. His influence encompassed the fields of philosophy, legal science, sociology, theory of democracy, and
4466: 4077: 1783: 1727:
of legal science was sufficient to its own subject matter. This debate has continued well into the twenty-first century as well.
3832: 3658: 2830:
Secular Religion: a Polemic against the Misinterpretation of Modern Social Philosophy, Science, and Politics as "New Religions"
2025:
Secular Religion: A Polemic against the Misinterpretation of Modern Social Philosophy, Science, and Politics as "New Religions"
857: 663: 552: 3663: 1757:
within legal studies and the application of legal research at both the domestic and the international level of investigation.
731:
because Schmitt was advocating for the priority of the political concerns of the state over the adherence by the state to the
4196: 3488: 2907: 1904: 1432: 1339: 2155:, I.134-300. The book is not, as has sometimes been thought, a doctoral thesis; Kelsen took his doctorate by examination. 797: 360:. Kelsen also advocated separating the concepts of state and society in their relation to the study of the science of law. 4338: 4268: 3927: 3065:(The Problem of Sovereignty and Theory of International Law: Contribution to a Pure Theory of Law). Tübingen, Mohr, 1920. 2131:; but preferring Kelsen's autobiographical fragments (1927 and 1947), as well as the editorial additions, in Hans Kelsen, 145: 1589:
The neo-Kantians, when pressing the issue, would lead Kelsen into discussions concerning whether the existence of such a
958:
Kelsen is considered one of the preeminent jurists of the 20th century and has been highly influential among scholars of
4496: 4471: 4436: 3809: 2107: 1428: 1335: 4405: 4273: 3714: 3690: 3592:
Law and politics in the world community: Essays in Hans Kelsen's pure theory and related problems in international law
638: 3243:
Essays in Honor of Hans Kelsen, Celebrating the 90th Anniversary of His Birth by Albert A.; Et al. Ehrenzweig (1971).
1417: 1324: 4380: 4072: 3784: 1135: 979:), aims to describe law as a hierarchy of binding norms, while refusing, itself, to evaluate those norms. That is, 1436: 1421: 1343: 1328: 4456: 4451: 1628: 1118:
Kelsen's theory both drew from and has been developed by scholars in his homelands, notably the Vienna School in
541: 516:("Main Problems in Theory of Public Law, Developed from Theory of the Legal Statement"). In 1919, he became full 4355: 4243: 4228: 4220: 4102: 614:
who advocated for the priority of the political concerns of the state. Kelsen was supported in his position by
469: 401: 290: 792: 1882: 907:, reprinted in 2012 by Oxford University Press, dealing with Kelsen's specific attribution of acts of State. 4323: 3308:
Logischer Empirismus und Reine Rechtslehre: Beziehungen zwischen dem Wiener Kreis und der Hans Kelsen-Schule
903:." Yoram Dinstein of Hebrew University in Jerusalem has taken exception to Kelsen's formulation in his book 533: 465: 334: 128: 3578: 3344:"Hans Kelsen Werke: Band 8: Veroffentlichte Schriften 1922 (German Edition)". 2020. Mohr-Siebek Publishers. 2526:
La réalité des normes en particulier des normes du droit international: fondements d'une théorie des normes
4461: 4248: 4097: 3912: 3764: 3707: 1924:. First published under the auspices of The London Institute of World Affairs in 1950. With a supplement, 1787: 1610:
subdivided into three subgroups, with each representing their own preferred reading of the meaning of the
481: 413: 3837: 4344: 4333: 3355: 1874:(1934; Litschewski Paulson and Paulson trans.), Oxford 1992; the translators have adopted the subtitle, 1131: 700: 634: 307: 303: 164: 3937: 3011:
Hans Kelsen Werke 2Bd Hardcover – December 1, 2008, Matthias Jestaedt (Editor). Volume 2 of the Kelsen
2027:(ed. Walter, Jabloner and Zeleny), Vienna and New York 2012 (written in English), revised edition 2017. 1158: 725:
The Reality of Norms and in particular the Norms of International Law: Foundations of a Theory of Norms
321:
By the 1940s, Kelsen's reputation was already well established in the United States for his defense of
2460:"Constitutional court of the Czechoslovak republic and its fortunes in years 1920-1948 - Ústavní soud" 1559:
in both its original version (1934) and its revised version (1960). For Kelsen, the importance of the
723:
departed from Germany to complete his habilitation dissertation in Geneva, which resulted in his book
447: 4446: 4441: 4293: 4233: 4032: 3649: 3156:
A critical, detailed, highly technical legal analysis of the United Nations charter and organization.
1665: 1262: 421: 330: 241: 160: 105: 93: 915:, New York 1950). In 1952, he also published his book-length study about international law entitled 4092: 3867: 3526:
The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber.
3063:
Das Problem der Souveränität und die Theorie des Völkerrechts. Beitrag zu einer reinen Rechtslehre
1601:'s "as-if" hypothetical construction. On the other hand, to those seeking a practical reading, the 1282:
of Harvard University. Both Kelsen and Rawls also have made strong endorsements of Kant's books on
886: 692: 441: 4386: 2512:
The Guardian of the Constitution: Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law
1979:"The Function of a Constitution" (1964; Stewart trans.) in Richard Tur and William Twining (eds), 555:, around 1925. President Paul Vittorelli sits in the middle; Hans Kelsen is second from the right. 4186: 4176: 3947: 3852: 3415: 3379: 3086:
Stanley L. Paulson, "Four Phases in Hans Kelsen's Legal Theory? Reflections on a Periodization",
2675: 2667: 2048: 1715: 1540: 1214: 1197: 1032: 953: 828: 783: 615: 521: 408:. Hans was their first child; there were two younger brothers and a sister. The family moved to 326: 233: 138: 4017: 3907: 3075:
Die Rolle des Neukantianismus in der Reinen Rechtslehre: eine Debatte zwischen Sander und Kelsen
2282:(an index was issued separately by the Hans Kelsen-Institut in 1988). Also published as Kelsen, 2003:
Die Rolle des Neukantianismus in der Reinen Rechtslehre: Eine Debatte zwischen Sander und Kelsen
1017:)—a hypothetical norm, presupposed by the theory, from which in a hierarchy of empowerments all 4395: 4156: 4012: 4007: 3977: 3872: 3794: 3774: 3759: 3471: 3442: 3369: 3325: 2903: 2833: 2735: 2359: 2335: 2275: 1946: 1900: 1821: 1739: 1694: 1147: 845: 832: 788: 564: 299: 221: 217: 1549: 1545: 1206: 1202: 624: 620: 4258: 3902: 3799: 3636: 3407: 3361: 2808: 2659: 2178: 2037: 1888: 1669: 1077: 688: 509: 368: 259: 201: 150: 3278: 796:
under-represented in the Kellogg–Briand Pact. In 1936–1938 he was briefly professor at the
314:
lauded Kelsen as "undoubtedly the leading jurist of the time". While in Vienna, Kelsen met
4350: 4146: 4136: 4037: 4002: 3997: 3857: 3842: 3769: 3653: 3553: 2059: 1151: 751: 720: 630: 461: 433: 353: 75: 4206: 637:. This was first introduced in both Austria and Czechoslovakia in 1920, and later in the 4288: 4253: 4112: 4022: 3992: 3972: 3967: 3942: 3877: 3847: 3822: 2042: 1884:
Law and Peace in International Relations (The Oliver Wendell Holmes Lectures 1940-1941)
1731: 1690: 1686: 1633: 1624: 1598: 1582: 1275: 1123: 944:
published in English. It had originally been published in the German language in 1953.
895:
the State. These acts are performed by individuals who belong to the Government as the
849: 494: 473: 364: 2734:. Translated by Litschewski Paulson, Bonnie; Paulson, Stanley L. Oxford: Clarendon P. 1970:(German original unpublished; Wedberg trans.), 1945, New York 1961, Clark (N.J.) 2007. 1513: 809:
In 1940, at the age of 58, he and his family fled Europe on the last voyage of the SS
4430: 4263: 4107: 4052: 3952: 3932: 3922: 3892: 3882: 3789: 3730: 3419: 3383: 2679: 2459: 2069: 1753: 1641: 1637: 1568: 1267: 1175: 1163: 1127: 959: 927: 896: 820: 811: 595:(The Philosophical Foundations of the Doctrine of Natural Law and Legal Positivism). 372: 315: 197: 3599:
Legal Norms and Legal Science: a Critical Study of Hans Kelsen's Pure Theory of Law.
3514:
Cambridge University Press, 2010; translated from the original German edition, 2001.
3132:
First published under the auspices of The London Institute of World Affairs in 1950.
2631:, "Collective and Individual Responsibility for Acts of State in International Law." 4361: 4317: 4082: 4027: 3897: 3817: 3751: 2064: 1941:, 2nd edn Vienna 1960 (much expanded from 1934 and effectively a different book); 1735: 1656: 1573: 1028: 728: 611: 501: 464:, along with Dante's distinct sentiments in the Roman Catholic debates between the 429: 311: 113: 2874:
The Rise of Modern Judicial Review: From Judicial Interpretation to Judge-Made Law
2780:
Luis Duarte d'Almeida, John Gardner and Leslie Green, ed. (2013). "Introduction".
1689:
became a significant concern for Kelsen after 1940. For Kelsen, in principle, the
1517:
Kelsen's defense of the Nuremberg war crime trials received explicit criticism by
4512:
Academic staff of the Graduate Institute of International and Development Studies
3686: 3230:
Kelsen, Hans (1937). "The function of the pure theory of law." In A. Reppy (ed.)
2598:
Fuller, Lon. "The place and uses of jurisprudence in the law school curriculum,'
2334:. Second, revised and enlarged edition 1929; reprinted, Aalen, Scientia, 1981, 1878:, in order to avoid confusion with the English translation of the second edition. 4283: 4278: 4057: 3987: 3962: 3887: 3862: 3779: 3467: 2498:
Le contrôle de la constitutionnalité des lois en République fédérale d'Allemagne
1848: 1406: 1313: 1143: 1142:, and "in the backhanded compliment of strenuous criticism, also in the work of 1081: 732: 712: 598: 559:
During the early 1920s he published six major works in the areas of government,
537: 529: 472:
for three consecutive semesters, where he studied with the distinguished jurist
451:
Akademisches Gymnasium in Vienna, where Kelsen received his secondary education.
437: 3512:
The Public International Law Theory of Hans Kelsen: Believing in Universal Law.
2828:
Kelsen, Hans (2017) . Walter, Robert; Jabloner, Clemens; Zeleny, Klaus (eds.).
1999:(ed. Ringhofer and Walter), Vienna 1979; see English translation in 1990 below. 591:(The Problem of Parliamentarianism). In the late 1920s, these were followed by 4390: 4087: 4047: 4042: 3668: 3533:
Essays in Honor of Hans Kelsen, Celebrating the 90th Anniversary of His Birth.
3365: 3293:
Jabloner, Clemens, "Hans Kelsen and his Circle: the Viennese Years" (1998) 9
2426:
Die philosophischen Grundlagen der Naturrechtslehre und des Rechtspositivismus
2074: 2054: 1706: 1578: 1518: 1469: 1279: 1139: 967: 963: 791:. This interest in international law in Kelsen was in reaction largely to the 658: 603: 593:
Die philosophischen Grundlagen der Naturrechtslehre und des Rechtspositivismus
560: 505: 485: 376: 357: 344:, although officially retired in 1952, Kelsen rewrote his short book of 1934, 237: 213: 3396:
It is reviewed in detail, with an English translation of its own summary, in
4117: 3982: 3827: 2902:. The Lawbook Exchange, Ltd.; Reprint edition (November 2, 2009), 399 pages 2853:
Stewart, Iain (2012), "Kelsen, the Enlightenment and Modern Premodernists",
2644:, reprinted in 2012. Originally published in Hebrew in 1965 by Manges Press. 2270:
Hauptprobleme der Staatsrechtslehre entwickelt aus der Lehre vom Rechtssatze
1710: 1655:
In addition to this debate, Kelsen had initiated a separate discussion with
1651:
Georg Jellinek, whose 'two sides' theory of law and state Kelsen overturned.
1647: 1611: 1535: 1474: 1245: 1174:. The text was begun in the 1950s, as an attack on work by his former pupil 1035:
downward, are understood to derive their validity, hence their authority or
1012: 517: 514:
Hauptprobleme der Staatsrechtslehre entwickelt aus der Lehre vom Rechtssatze
425: 322: 186:
Hauptprobleme der Staatsrechtslehre entwickelt aus der Lehre vom Rechtssätze
3475: 3411: 2017:
Lanham, MD: Rowman & Littlefield, 2013. Translation of 1929 version of
602:
Kelsen's 1905 book was about political allegory in Dante Alighieri (oil by
4537:
Recipients of the Grand Decoration for Services to the Republic of Austria
4527:
Knights Commander of the Order of Merit of the Federal Republic of Germany
2813: 2796: 2183: 2166: 1771:
works and has edited several works from his unpublished papers, including
4507:
University of California, Berkeley College of Letters and Science faculty
4062: 1702: 901:
acts performed at its command or with the authorization of the Government
650: 109: 3459:
Reine Rechtslehre: Einleitung in die rechtswissenschaftliche Problematik
2514:. Cambridge Studies in Constitutional Law, 12. Cambridge: Cambridge U.P. 1597:
as to whether it should be read, on the one hand, as part and parcel of
379:
and other legal theorists in the analytical tradition of jurisprudence.
329:. Kelsen's academic stature exceeded legal theory alone and extended to 17: 4328: 3917: 2728:
in order to distinguish it from the translation of the second edition:
2724:
The first edition appeared in English translation only in 1992, titled
2671: 1918:, University of California Press 1948, The Lawbook Exchange, Ltd. 2011. 1119: 704: 405: 1693:
represented in potential a significant phase change from the previous
1555:
assimilated much of Merkl's approach into his own presentation of the
746:
is recently documented in the translation of Morgenthau's book titled
4310: 3324:. Manz'Sche Verlags- U. Universitatsbuchhandlung (November 1, 2009). 3234:, 3 vols., NY: New York University Press and London: OUP, 1937, p.94. 3119:. Original in Italian, with Spanish translation separately published. 1300:(iv) Centralization-decentralization, and (v) Dynamic theory of law. 1170:
Some mystery surrounds the belated publication, in 2012, of Kelsen's
816: 708: 409: 397: 393: 295: 179: 71: 3618:
Iain Stewart, "The Critical Legal Science of Hans Kelsen" (1990) 17
3585:
The Legal-Rational State: A Comparison of Hobbes, Bentham and Kelsen
2694:
What is Justice? Justice, Law, and Politics in the Mirror of Science
1843:
Great Silver Medal with Star for Services to the Republic of Austria
1791:
first eight volumes have been published by Mohr-Siebeck publishers.
3519:
Why Grundnorm? A Treatise on the Implications of Kelsen's Doctrine.
2663: 1261:
Kelsen's very first book (see Section above) was written about the
670:, although not a party member, was removed from the court in 1930. 412:
in 1884, when Hans was three years old. After graduating from the
2642:
The Defense of 'Obedience to Superior Orders' in International Law
1730:
Two critics of Kelsen in the United States were the legal realist
1646: 1512: 1157: 1097:. The second edition appeared in English translation in 1967, as 905:
The Defense of 'Obedience to Superior Orders' in International Law
766:
in Geneva,' as Kelsen's biographer Rudolf Aladár Métall confirms,
646: 642: 597: 546: 512:, with a thesis that became his first major work on legal theory, 446: 571:(The Problem of Sovereignty and Theory of International Law) and 524:
at the University of Vienna, where he established and edited the
4067: 3699: 3613:
Normativity and Norms: Critical Perspectives on Kelsenian Themes
3464:
Pure Theory of Law: Introduction to the problems of legal theory
3158:
Original conjoint publication: New York: Frederick A. Praeger, .
2430:; translated as "Natural Law Doctrine and Legal Positivism" in 2005:(German Edition) by Hans Kelsen and Fritz Sander (Dec 31, 1988). 1887:. Cambridge (Mass.): Harvard University Press. 1942 – via 1722:
The completion of Kelsen's second edition of his magnum opus on
739:
in Germany during the full rise to power of National Socialism.
579:(The Sociological and Juristic Concepts of the State); in 1923, 3703: 3641: 1828:
Grand Merit Cross with Star of the Federal Republic of Germany
1539:, its closest antecedent appears in writings of his colleague 1400: 1307: 1146:". Among the principal other writers in English on Kelsen are 653:, as well as in many countries of Central and Eastern Europe. 417: 318:
and his circle, and wrote on social psychology and sociology.
277: 3646: 3000:
Das problem der souveränität und die theorie des völkerrechts
2408:
Das Problem der Souveränität und die Theorie des Völkerrechts
2310:
Das Problem der Souveränität und die Theorie des Völkerrechts
1862:
Das Problem der Souveränität und die Theorie des Völkerrechts
966:, especially in Europe and Latin America although less so in 777:
In 1934, at the age of 52, he published the first edition of
569:
Das Problem der Souveränität und die Theorie des Völkerrechts
3568:
Democracy in Its Essence Hans Kelsen as A Political Thinker.
268: 169:
Graduate Institute of International and Development Studies
3611:
Stanley L. Paulson and Bonnie Litschewski Paulson (eds.),
3320:
Olechowski, Thomas; Walter, Robert; Ogris, Werner (2009).
2406:
These works remain untranslated, except that key parts of
1270:
among the scholars active after the end of Kelsen's life.
4532:
Recipients of the Austrian Decoration for Science and Art
3106:
Schriften von Hans Kelsen, Adolf Merkl, Alfred Verdross.
2755: 2528:(Paris: Alcan, 1934), still not translated into English. 1958:(1960; Knight trans.), Berkeley 1967, Union (N.J.) 2002. 1113: 1110:, planned to run to 32 volumes with completion in 2042. 1045:. This is not logical validity (i.e. of deduction), but 936:
Voegelin and the Foundations of Modern Political Science
787:). While in Geneva he became more deeply interested in 707:
in 1933, he was removed from his post. He relocated to
4415: 2167:"Hans Kelsen on Dante Alighieri's Political Philosophy" 1916:
The Political Theory of Bolshevism: A Critical Analysis
1794:
An extensive biography of Kelsen by Thomas Olechowski,
742:
That Kelsen was the principal defender of Morgenthau's
703:
in 1930. When the National Socialists came to power in
3398:
Stewart, Iain (2023). "Hans Kelsen, Legal Scientist".
2782:
Kelsen Revisited: New Essays on the Pure Theory of Law
2108:"Kelsen, der Kampf um die "Sever-Ehen" und die Folgen" 754:
were initially quite negative concerning Morgenthau's
3606:
Hans Kelsen. Biographie eines Rechtswissenschaftlers.
3524:
Ian Bryan, Peter Langford & John McGarry (eds.),
3171:. Chicago: University of Chicago Press, p. 356, n. 6. 2487:
Le Divellec, 'Les premices de la justice...,' p. 130.
1876:
Einleitung in die rechtswissenschaftliche Problematik
1796:
Hans Kelsen: Biographie eines Rechtswissenschaftlers
1761:
Hans Kelsen Institute and Hans Kelsen Research Center
528:(Journal of Public Law). At the behest of Chancellor 294:; October 11, 1881 – April 19, 1973) was an Austrian 274: 265: 2616:, Chapel Hill: U. North Carolina P., pp. 88–110 1784:
Friedrich-Alexander University of Erlangen-Nuremberg
1701:
Kelsen also became a significant contributor to the
271: 4557:
Charles H. Stockton Professors of International Law
4302: 4219: 4126: 3808: 3750: 3573:Peter Langford, Ian Bryan and John McGarry (eds.), 3357:
Hans Kelsen: Biographie einer Rechtswissenschaftler
2354:
Der soziologische und der juristische Staatsbegriff
674:
Kelsen and his European years between 1930 and 1940
577:
Der soziologische und der juristische Staatsbegriff
262: 227: 207: 193: 178: 156: 144: 134: 124: 101: 82: 57: 34: 2436:, Cambridge, Mass.: Harvard U.P., pp. 389–446 973:Kelsen's theory of law, his 'Pure Theory of Law' ( 657:above. This is different from the system usual in 575:(On the Essence and Value of Democracy); in 1922, 2654:Kelsen, Hans (1955), "Foundations of Democracy", 1983:, Oxford 1986; also in 5th and later editions of 1114:Kelsen's widespread contributions to legal theory 999:. Central to the Pure Theory is the notion of a 27:Austrian jurist and legal philosopher (1881–1973) 3587:(Avebury Series in Philosophy) (September 1990). 3117:The Political Thought of Hans Kelsen (1911-1920) 1993:(Weinberger sel., Heath trans.), Dordrecht 1973. 1747:Critical reception of Kelsen's legacy after 1973 1087:Kelsen's main statement of his theory, his book 2577:Translated by B.L. Paulson and S.L. Paulson as 1244:causal reasoning in contrast to methodology of 681: 3575:Kelsenian Legal Science and the Nature of Law. 3561:The Project of Positivism in International Law 3143:Recent Trends in the Law of the United Nations 3052:, Oxford University Press, 2013, p. 258 n. 63. 3050:The Project of Positivism in International Law 2832:(revised ed.). Wiesbaden: Franz Steiner. 2471: 2469: 1926:Recent Trends in the Law of the United Nations 3715: 1122:and the Brno School led by František Weyr in 805:Hans Kelsen and his American years after 1940 587:(General Theory of the State), together with 306:. He was the principal architect of the 1920 8: 4562:Corresponding fellows of the British Academy 2732:Introduction to the Problems of Legal Theory 2726:Introduction to the Problems of Legal Theory 2707:The title page gives the title correctly as 2579:Introduction to the Problems of Legal Theory 2196: 2194: 1964:(1960; Eisenmann French trans.), Paris 1962. 1872:Introduction to the Problems of Legal Theory 1800:Hans Kelsen: Biography of a Legal Scientist 1680:Critical reception during his American years 1644:and the American Constitutional experience. 1533:Regarding Kelsen's original use of the term 1105: 1088: 1010: 974: 930:. Following this, in Kelsen's book entitled 719:from 1934 to 1940. During this time period, 2974:Lectures on the History of Moral Philosophy 1435:. Unsourced material may be challenged and 1388:State–society distinctions and delineations 1342:. Unsourced material may be challenged and 848:and international institutions such as the 717:Graduate Institute of International Studies 400:family. His father, Adolf Kelsen, was from 4522:American people of Austrian-Jewish descent 3722: 3708: 3700: 3094:(1) (Spring, 1998), pp. 153–166, esp. 154. 2212: 2210: 1838:1966: Ring of Honour of the City of Vienna 1166:in the American Constitutional experience. 456:Kelsen and his years in Austria up to 1930 42: 31: 2812: 2182: 1455:Learn how and when to remove this message 1362:Learn how and when to remove this message 1278:is matched among more recent scholars by 1230:The de-ideologicalization of positive law 715:where he taught international law at the 404:, and his mother, Auguste Löwy, was from 4239:Fundamental theory of Catholic canon law 2412:Sovereignty and Constitutional Democracy 2247:La règle du droit: le problème de l'État 1899:, 1943, The Lawbook Exchange, Ltd. 2009 1618:Reception during Kelsen's European years 4547:American people of Czech-Jewish descent 3554:Universidad Nacional Autónoma de México 3505:Hans Kelsen and the Case for Democracy. 3487:. Translated by Knight, Max. Berkeley: 2711:, but the original paperback cover had 2428:, Charlottenburg: Pan-Verlag Rolf Heise 2085: 1834:Austrian Decoration for Science and Art 854:visiting Professor of International Law 699:Kelsen accepted a professorship at the 480:indicated the historical importance of 4482:Czech expatriates in the United States 3647:Hans-Kelsen-Forschungsstelle, Freiburg 3439:Hans Kelsen and the Case for Democracy 3036: 2886: 2855:Australian Journal of Legal Philosophy 1912:, Chapel Hill 1944, Union (N.J.) 2000. 1786:. After Jestaedt's appointment at the 396:into a middle-class, German-speaking, 3687:Newspaper clippings about Hans Kelsen 3295:European Journal of International Law 3104:Die Wiener rechtstheoretische Schule. 2943: 2931: 2475: 2447: 2358:; reprinted, Aalen, Scientia, 1981, 2295: 2274:; reprinted, Aalen, Scientia, 1984, 2216: 2171:European Journal of International Law 2106:Rathkolb, Oliver (December 8, 2017). 1985:Lloyd's Introduction to Jurisprudence 1813:American Society of International Law 1788:Albert-Ludwigs-University of Freiburg 879:In Kelsen's companion 1948 essay for 583:(Austrian Public Law); and, in 1925, 289: 7: 3232:Law: A Century of Progress 1835-1935 3077:by Hans Kelsen, Fritz Sander (1988). 2318:(Essay toward a Pure Theory of Law). 2011:(1979; Hartney trans.), Oxford 1990. 1991:Essays in Legal and Moral Philosophy 1433:adding citations to reliable sources 1340:adding citations to reliable sources 899:, or members of the cabinet, or are 4401: 4167:Elements of the Philosophy of Right 3205:Capitalism, Socialism and Democracy 2797:"Kelsen's Theory of the Basic Norm" 2589:(Berkeley, U. California P., 1967). 2316:Beitrag zu einer reinen Rechtslehre 2272:(1923 2nd ed.), Tübingen: Mohr 2147:Die Staatslehre des Dante Alighieri 1581:was published. Cohen was a leading 1397:Centralization and decentralization 4552:20th-century Austrian male writers 4542:20th-century Austrian philosophers 3679:Bibliographical note 2 - Kelsen's 2015:The Essence and Value of Democracy 1095:University of California, Berkeley 837:University of California, Berkeley 532:, Kelsen worked on drafting a new 526:Zeitschrift für öffentliches Recht 342:University of California, Berkeley 173:University of California, Berkeley 25: 3507:Colchester, UK: ECPR Press, 2012. 3184:. London: Allen and Unwin, p. vi. 2801:American Journal of Jurisprudence 2330:Vom Wesen und Wert der Demokratie 2129:, Vienna: Deuticke, pp. 1–17 2019:Vom Wesen und Wert der Demokratie 1746: 573:Vom Wesen und Wert der Demokratie 4400: 4385: 4376: 4375: 3563:. Oxford University Press, 2013. 2756:"Hans Kelsen Online (in German)" 2500:, Paris: Economica, 1982, p. 20. 1405: 1312: 589:Das Problem des Parlamentarismus 340:Late in his career while at the 258: 3559:Monica García-Salmones Rovira, 3279:Hans Kelsen-Institut Datenbank 3088:Oxford Journal of Legal Studies 3048:Mónica García-Salmones Rovira, 2434:General Theory of Law and State 2243:Traité de droit constitutionnel 2230:General Theory of Law and State 1968:General Theory of Law and State 917:Principles of International Law 866:The International Law Quarterly 858:United States Naval War College 664:Constitutional Court of Austria 553:Constitutional Court of Austria 424:, taking his doctorate in law ( 226: 4197:Natural Law and Natural Rights 3545:, Vol. 26, No. 2, Spring 1981. 3489:University of California Press 3130:The Law of the United Nations. 2963:, pp. 21-29, especially p. 23. 2585:, translated by Max Knight as 2125:Métall, Rudolf Aladár (1969), 1851:(3rd District) named after him 1847:1981: Kelsenstrasse in Vienna 1802:), was published in May 2020. 1705:debate in publishing books on 1617: 1571:'s work in 1911, the year his 825:Oliver Wendell Holmes Lectures 1: 3633:Works by or about Hans Kelsen 3540:"Kelsen's Pure Theory of Law" 3531:California Law Review (ed.), 2784:. Hart Publishing. p. 1. 2249:, Paris: de Boccard, p. 645. 1997:Allgemeine Theorie der Normen 1945:with amendments, Vienna 2017 1922:The Law of the United Nations 1811:1938: Honorary Member of the 1251:Allgemeine Theorie der Normen 913:The Law of the United Nations 49: 3642:Hans Kelsen-Institut, Vienna 3466:] (in German). Leipzig: 2961:Hans Kelsen im Selbstzeugnis 2696:, Berkeley: U. California P. 2539:The Concept of the Political 2378:Österreichisches Staatsrecht 2127:Hans Kelsen: Leben und Werke 1931:“Foundations of Democracy”, 1775:(1979, translated 1991) and 1290:Idea for a Universal History 748:The Concept of the Political 581:Österreichisches Staatsrecht 476:before returning to Vienna. 4502:University of Vienna alumni 4477:Constitutional court judges 4274:Libertarian theories of law 3691:20th Century Press Archives 3400:Journal of Legal Philosophy 3354:Olechowski, Thomas (2020). 3284:. Retrieved 18 March 2015. 3265:Kelsen, Hans (2012, 2017). 3202:Schumpeter, Joseph (1942). 1292:(1784). In his book titled 1253:(General Theory of Norms). 798:German University in Prague 639:Federal Republic of Germany 4578: 4487:International law scholars 3785:International legal theory 3620:Journal of Law and Society 3360:. Tübingen: Mohr Siebeck. 3306:Jabloner, Clemens (2009). 3141:Kelsen, Hans. Supplement, 2922:, Oxford University Press. 2600:Journal of Legal Education 2410:appear in Petra Gümplová, 951: 874:The Judge Advocate Journal 444:; they had two daughters. 4492:Naval War College faculty 4371: 3737: 3498:Further reading on Kelsen 3366:10.1628/978-3-16-159293-5 3322:Hans Kelsen: Leben, Werke 2877:, Rowman and Littlefield. 2537:Morgenthau, Hans (2011). 2414:(Nomos Publishers, 2011). 2096:, Springer, 2015, p. 258. 2092:Christian Damböck (ed.), 1379:Law–state identity theory 932:A New Science of Politics 823:, giving the prestigious 815:, embarking on 1 June in 542:Carl Friedrich von Gerber 500:In 1911, he achieved his 428:) on 18 May 1906 and his 247: 120: 41: 4517:Austrian social liberals 4356:Rational-legal authority 4244:German historical school 4229:Analytical jurisprudence 3535:South Hackensack (1971). 3437:Baume, Sandrine (2011). 3219:Foundations of Democracy 3167:Llewellyn, Karl (1962). 2640:Dinstein, Yoram (2012). 2510:Vinx, Lars, ed. (2015). 2165:Lepsius, Oliver (2017). 2094:Influences on the Aufbau 1080:, excluding any idea of 989:is to be separated from 470:University of Heidelberg 4467:Austrian legal scholars 4324:Judicial interpretation 3510:Jochen von Bernstorff, 3254:General Theory of Norms 2920:General Theory of Norms 2602:, 1948-1949, 1, p. 496. 2559:Frei (2001), pp. 48-49. 2009:General Theory of Norms 1817:1953: Karl Renner Prize 1773:General Theory of Norms 1719:(1934, first edition). 1510:summarized as follows. 1500:Reception and criticism 466:Guelphs and Ghibellines 335:international relations 129:20th-century philosophy 4411:WikiProject Philosophy 3765:Critical legal studies 3674:Bibliographical note 1 3590:George Arthur Lipsky, 3570:Lexington Books, 2020. 3483:Kelsen, Hans (1967) . 3412:10.4337/jlp.2023.02.03 3180:Laski, Harold (1938). 2713:The Pure Theory of Law 2658:, 66(1/2) (1): 1–101, 2393:Allgemeine Staatslehre 1652: 1522: 1167: 1106: 1089: 1011: 975: 948:The Pure Theory of Law 685: 607: 585:Allgemeine Staatslehre 556: 452: 414:Akademisches Gymnasium 291:[ˈhansˈkɛlsən] 4334:Law without the state 3456:Kelsen, Hans (1934). 3252:Kelsen, Hans (1979). 3217:Kelsen, Hans (1955). 3182:A Grammar of Politics 2998:Kelsen, Hans (1920). 2955:Kelsen, Hans (1927). 2730:Kelsen, Hans (1992). 2692:Kelsen, Hans (1957), 2627:Kelsen, Hans (1948). 2612:Kelsen, Hans (1944), 2432:Kelsen, Hans (1945), 2424:Kelsen, Hans (1928), 2391:Kelsen, Hans (1925), 2376:Kelsen, Hans (1923), 2352:Kelsen, Hans (1920), 2328:Kelsen, Hans (1920), 2308:Kelsen, Hans (1920), 2268:Kelsen, Hans (1911), 2241:Duguit, Leon (1911). 2204:, concluding chapter. 2145:Kelsen, Hans (1905), 1962:Théorie pure du droit 1650: 1516: 1496:covers in this book. 1482:Dynamic theory of law 1161: 1055:; a norm is legally 870:California Law Review 852:. In 1953-54, he was 701:University of Cologne 635:constitutional review 601: 550: 534:Austrian Constitution 450: 308:Austrian Constitution 304:political philosopher 165:University of Cologne 4294:Virtue jurisprudence 4234:Deontological ethics 3441:. Colchester: ECPR. 2972:Rawls, John (2000). 2871:Wolfe, Christopher. 2795:Raz, Joseph (1974). 1666:Treaty of Versailles 1636:, originally led by 1429:improve this section 1336:improve this section 1263:political philosophy 1257:Political philosophy 422:University of Vienna 331:political philosophy 242:Constitutional court 161:University of Vienna 106:University of Vienna 94:Berkeley, California 4497:Philosophers of law 4472:Jewish philosophers 4437:Writers from Prague 3669:Biographical note 2 3664:Biographical note 1 3604:Thomas Olechowski, 3543:The Catholic Lawyer 3115:Lagi, Sara (2007). 2959:in Jestaedt (ed.), 2814:10.1093/ajj/19.1.94 2760:Hans Kelsen-Insitut 2314:. It is subtitled 2184:10.1093/ejil/chw060 887:respondeat superior 793:Kellogg–Briand Pact 756:Habilitationschrift 744:Habilitationschrift 482:Niccolò Machiavelli 442:Augsburg Confession 392:Kelsen was born in 371:was influential on 4187:The Concept of Law 4177:Pure Theory of Law 3652:2020-10-30 at the 3485:Pure Theory of Law 2900:Society and Nature 2709:Pure Theory of Law 2587:Pure Theory of Law 2568:Morgenthau, p. 17. 2524:Morgenthau, Hans, 2395:, Berlin: Springer 2149:, Vienna: Deuticke 2049:Pure Theory of Law 1956:Pure Theory of Law 1897:Society and Nature 1893:Union (N.J.) 1997. 1806:Honours and awards 1768:Pure Theory of Law 1724:Pure Theory of Law 1716:Pure Theory of Law 1653: 1557:Pure Theory of Law 1523: 1493:Pure Theory of Law 1489:Pure Theory of Law 1215:Pure Theory of Law 1168: 1099:Pure Theory of Law 1033:constitutional law 954:Pure Theory of Law 829:Harvard Law School 819:. He moved to the 784:Pure Theory of Law 608: 557: 522:administrative law 453: 350:Pure Theory of Law 327:Pure Theory of Law 234:Pure theory of law 139:Western philosophy 4424: 4423: 4396:Philosophy portal 4157:The Spirit of Law 3795:Philosophy of law 3775:Economic analysis 3760:Constitutionalism 3375:978-3-16-159293-5 3193:Llewellyn, p. 356 2957:Selbstdarstellung 2614:Peace through Law 2583:Reine Rechtslehre 1951:978-3-16-152973-3 1939:Reine Rechtslehre 1935:66(1)1955: 1-101. 1910:Peace Through Law 1868:Reine Rechtslehre 1822:Feltrinelli Prize 1740:Joseph Schumpeter 1695:League of Nations 1465: 1464: 1457: 1372: 1371: 1364: 1148:Robert S. Summers 1107:Hans Kelsen Werke 1090:Reine Rechtslehre 976:Reine Rechtslehre 941:Secular Religion. 846:international law 833:political science 789:international law 779:Reine Rechtslehre 737:persona non grata 565:international law 416:, Kelsen studied 346:Reine Rechtslehre 300:legal philosopher 251: 250: 222:Philosophy of law 218:International law 194:Doctoral students 16:(Redirected from 4569: 4457:Austrian jurists 4452:American jurists 4404: 4403: 4389: 4379: 4378: 4259:Legal positivism 4212: 4202: 4192: 4182: 4172: 4162: 4152: 4142: 3800:Sociology of law 3724: 3717: 3710: 3701: 3637:Internet Archive 3577:Springer, 2017. 3528:Routledge, 2015. 3521:The Hague, 2002. 3517:Uta Bindreiter, 3503:Sandrine Baume, 3492: 3479: 3452: 3424: 3423: 3394: 3388: 3387: 3351: 3345: 3342: 3336: 3335: 3317: 3311: 3304: 3298: 3291: 3285: 3282: 3276: 3270: 3267:Secular Religion 3263: 3257: 3250: 3244: 3241: 3235: 3228: 3222: 3215: 3209: 3200: 3194: 3191: 3185: 3178: 3172: 3165: 3159: 3152: 3146: 3139: 3133: 3126: 3120: 3113: 3107: 3101: 3095: 3084: 3078: 3072: 3066: 3059: 3053: 3046: 3040: 3034: 3028: 3026:What is Justice? 3022: 3016: 3009: 3003: 2996: 2990: 2987:What is Justice? 2983: 2977: 2970: 2964: 2953: 2947: 2941: 2935: 2929: 2923: 2916: 2910: 2896: 2890: 2884: 2878: 2869: 2863: 2862: 2850: 2844: 2843: 2825: 2819: 2818: 2816: 2792: 2786: 2785: 2777: 2771: 2770: 2768: 2766: 2752: 2746: 2745: 2722: 2716: 2705: 2699: 2697: 2689: 2683: 2682: 2651: 2645: 2638: 2632: 2625: 2619: 2617: 2609: 2603: 2596: 2590: 2575: 2569: 2566: 2560: 2557: 2551: 2548: 2542: 2535: 2529: 2522: 2516: 2515: 2507: 2501: 2494: 2488: 2485: 2479: 2473: 2464: 2463: 2456: 2450: 2445: 2439: 2437: 2429: 2421: 2415: 2404: 2398: 2396: 2388: 2382: 2381: 2380:, Tübingen: Mohr 2373: 2367: 2357: 2356:, Tübingen: Mohr 2349: 2343: 2333: 2332:, Tübingen: Mohr 2325: 2319: 2313: 2312:, Tübingen: Mohr 2305: 2299: 2293: 2287: 2273: 2265: 2259: 2256: 2250: 2239: 2233: 2226: 2220: 2214: 2205: 2198: 2189: 2188: 2186: 2162: 2156: 2150: 2142: 2136: 2130: 2122: 2116: 2115: 2103: 2097: 2090: 2038:Legal positivism 1981:Essays on Kelsen 1974:What is Justice? 1892: 1889:Internet Archive 1777:Secular Religion 1577:dissertation on 1553: 1521:in recent years. 1460: 1453: 1449: 1446: 1440: 1409: 1401: 1367: 1360: 1356: 1353: 1347: 1316: 1308: 1294:What is Justice? 1226:section below). 1210: 1191:Hierarchical law 1172:Secular Religion 1109: 1092: 1078:legal positivism 1075: 1072: 1069: 1064: 1061: 1058: 1054: 1051: 1048: 1044: 1041: 1038: 1026: 1023: 1020: 1016: 1008: 1005: 1002: 998: 995: 992: 988: 985: 982: 978: 693:Gerhard Anschütz 689:Heinrich Triepel 668:Social Democrats 628: 540:(1838–1918) and 510:legal philosophy 369:legal positivism 293: 288: 284: 283: 280: 279: 276: 273: 270: 267: 264: 151:Legal positivism 89: 68:October 11, 1881 67: 65: 51: 46: 32: 21: 4577: 4576: 4572: 4571: 4570: 4568: 4567: 4566: 4427: 4426: 4425: 4420: 4406:WikiProject Law 4367: 4351:Question of law 4298: 4215: 4210: 4200: 4190: 4180: 4170: 4160: 4150: 4147:Treatise on Law 4140: 4122: 3804: 3770:Comparative law 3746: 3733: 3728: 3654:Wayback Machine 3629: 3615:. Oxford, 1998. 3608:Tübingen, 2020. 3601:Honolulu, 1978. 3548:Óscar Correas, 3500: 3495: 3482: 3455: 3449: 3436: 3432: 3427: 3397: 3395: 3391: 3376: 3353: 3352: 3348: 3343: 3339: 3332: 3319: 3318: 3314: 3305: 3301: 3292: 3288: 3280: 3277: 3273: 3264: 3260: 3251: 3247: 3242: 3238: 3229: 3225: 3216: 3212: 3201: 3197: 3192: 3188: 3179: 3175: 3166: 3162: 3153: 3149: 3140: 3136: 3127: 3123: 3114: 3110: 3102: 3098: 3085: 3081: 3073: 3069: 3061:Kelsen, Hans. 3060: 3056: 3047: 3043: 3035: 3031: 3023: 3019: 3010: 3006: 2997: 2993: 2984: 2980: 2971: 2967: 2954: 2950: 2942: 2938: 2930: 2926: 2917: 2913: 2897: 2893: 2885: 2881: 2870: 2866: 2852: 2851: 2847: 2840: 2827: 2826: 2822: 2794: 2793: 2789: 2779: 2778: 2774: 2764: 2762: 2754: 2753: 2749: 2742: 2729: 2723: 2719: 2706: 2702: 2691: 2690: 2686: 2653: 2652: 2648: 2639: 2635: 2626: 2622: 2611: 2610: 2606: 2597: 2593: 2576: 2572: 2567: 2563: 2558: 2554: 2549: 2545: 2536: 2532: 2523: 2519: 2509: 2508: 2504: 2495: 2491: 2486: 2482: 2474: 2467: 2458: 2457: 2453: 2446: 2442: 2431: 2423: 2422: 2418: 2405: 2401: 2390: 2389: 2385: 2375: 2374: 2370: 2351: 2350: 2346: 2327: 2326: 2322: 2307: 2306: 2302: 2294: 2290: 2267: 2266: 2262: 2258:Kelsen, p. 198. 2257: 2253: 2240: 2236: 2227: 2223: 2215: 2208: 2199: 2192: 2164: 2163: 2159: 2144: 2143: 2139: 2124: 2123: 2119: 2105: 2104: 2100: 2091: 2087: 2083: 2060:Alfred Verdross 2034: 1881: 1870:, Vienna 1934. 1858: 1808: 1763: 1749: 1734:and the jurist 1682: 1620: 1543: 1531: 1502: 1484: 1461: 1450: 1444: 1441: 1426: 1410: 1399: 1390: 1381: 1368: 1357: 1351: 1348: 1333: 1317: 1306: 1285:Perpetual Peace 1259: 1241: 1232: 1200: 1193: 1184: 1182:Judicial review 1152:Neil MacCormick 1116: 1073: 1070: 1067: 1062: 1059: 1056: 1052: 1049: 1046: 1042: 1039: 1036: 1024: 1021: 1018: 1006: 1003: 1000: 996: 993: 990: 986: 983: 980: 956: 950: 807: 752:Paul Guggenheim 721:Hans Morgenthau 676: 631:Alfred Verdross 618: 551:Session of the 462:Pope Gelasius I 458: 390: 385: 354:judicial review 286: 261: 257: 240: 236: 230: 220: 216: 210: 200: 171: 167: 163: 97: 91: 87: 78: 76:Austria-Hungary 69: 63: 61: 53: 37: 28: 23: 22: 15: 12: 11: 5: 4575: 4573: 4565: 4564: 4559: 4554: 4549: 4544: 4539: 4534: 4529: 4524: 4519: 4514: 4509: 4504: 4499: 4494: 4489: 4484: 4479: 4474: 4469: 4464: 4459: 4454: 4449: 4444: 4439: 4429: 4428: 4422: 4421: 4419: 4418: 4413: 4408: 4398: 4393: 4383: 4372: 4369: 4368: 4366: 4365: 4358: 4353: 4348: 4341: 4336: 4331: 4326: 4321: 4314: 4306: 4304: 4300: 4299: 4297: 4296: 4291: 4289:Utilitarianism 4286: 4281: 4276: 4271: 4266: 4261: 4256: 4254:Legal moralism 4251: 4249:Interpretivism 4246: 4241: 4236: 4231: 4225: 4223: 4217: 4216: 4214: 4213: 4203: 4193: 4183: 4173: 4163: 4153: 4143: 4132: 4130: 4124: 4123: 4121: 4120: 4115: 4110: 4105: 4100: 4095: 4090: 4085: 4080: 4075: 4070: 4065: 4060: 4055: 4050: 4045: 4040: 4035: 4030: 4025: 4020: 4015: 4010: 4005: 4000: 3995: 3990: 3985: 3980: 3975: 3970: 3965: 3960: 3955: 3950: 3945: 3940: 3935: 3930: 3925: 3920: 3915: 3910: 3905: 3900: 3895: 3890: 3885: 3880: 3875: 3870: 3865: 3860: 3855: 3850: 3845: 3840: 3835: 3830: 3825: 3820: 3814: 3812: 3806: 3805: 3803: 3802: 3797: 3792: 3787: 3782: 3777: 3772: 3767: 3762: 3756: 3754: 3748: 3747: 3745: 3744: 3738: 3735: 3734: 3729: 3727: 3726: 3719: 3712: 3704: 3698: 3697: 3684: 3676: 3671: 3666: 3661: 3659:Full biography 3656: 3644: 3639: 3628: 3627:External links 3625: 3624: 3623: 3616: 3609: 3602: 3597:Ronald Moore, 3595: 3588: 3581: 3571: 3564: 3557: 3550:El otro Kelsen 3546: 3536: 3529: 3522: 3515: 3508: 3499: 3496: 3494: 3493: 3480: 3453: 3447: 3433: 3431: 3428: 3426: 3425: 3389: 3374: 3346: 3337: 3331:978-3214147532 3330: 3312: 3299: 3286: 3271: 3258: 3245: 3236: 3223: 3210: 3195: 3186: 3173: 3160: 3154:Kelsen, Hans. 3147: 3134: 3128:Kelsen, Hans. 3121: 3108: 3096: 3079: 3067: 3054: 3041: 3029: 3024:Kelsen, Hans. 3017: 3004: 3002:(Jan 1, 1920). 2991: 2985:Kelsen, Hans. 2978: 2965: 2948: 2936: 2934:, pp. 2–9 2924: 2918:Kelsen, Hans. 2911: 2898:Kelsen, Hans. 2891: 2879: 2864: 2845: 2839:978-3515117609 2838: 2820: 2787: 2772: 2747: 2740: 2717: 2700: 2684: 2664:10.1086/291036 2646: 2633: 2620: 2604: 2591: 2570: 2561: 2552: 2550:Métall, p. 64. 2543: 2530: 2517: 2502: 2496:J.-C. Beguin, 2489: 2480: 2465: 2451: 2440: 2416: 2399: 2383: 2368: 2344: 2320: 2300: 2288: 2260: 2251: 2234: 2228:Kelsen, Hans. 2221: 2206: 2190: 2157: 2137: 2117: 2098: 2084: 2082: 2079: 2078: 2077: 2072: 2067: 2062: 2057: 2052: 2045: 2043:Neo-Kantianism 2040: 2033: 2030: 2029: 2028: 2022: 2012: 2006: 2000: 1994: 1988: 1977: 1976:Berkeley 1957. 1971: 1965: 1959: 1953: 1943:Studienausgabe 1936: 1929: 1919: 1913: 1907: 1894: 1879: 1865: 1857: 1854: 1853: 1852: 1845: 1839: 1836: 1830: 1824: 1818: 1815: 1807: 1804: 1762: 1759: 1748: 1745: 1732:Karl Llewellyn 1691:United Nations 1687:United Nations 1681: 1678: 1619: 1616: 1599:Hans Vaihinger 1530: 1524: 1501: 1498: 1483: 1480: 1463: 1462: 1413: 1411: 1404: 1398: 1395: 1389: 1386: 1380: 1377: 1370: 1369: 1320: 1318: 1311: 1305: 1302: 1258: 1255: 1240: 1239:Science of law 1237: 1231: 1228: 1192: 1189: 1183: 1180: 1124:Czechoslovakia 1115: 1112: 1050:legal validity 994:legal politics 952:Main article: 949: 946: 850:United Nations 806: 803: 675: 672: 520:of public and 474:Georg Jellinek 457: 454: 389: 386: 384: 381: 249: 248: 245: 244: 231: 228: 225: 224: 211: 209:Main interests 208: 205: 204: 195: 191: 190: 182: 176: 175: 158: 154: 153: 148: 142: 141: 136: 132: 131: 126: 122: 121: 118: 117: 103: 99: 98: 92: 90:(aged 91) 86:April 19, 1973 84: 80: 79: 70: 59: 55: 54: 47: 39: 38: 35: 26: 24: 14: 13: 10: 9: 6: 4: 3: 2: 4574: 4563: 4560: 4558: 4555: 4553: 4550: 4548: 4545: 4543: 4540: 4538: 4535: 4533: 4530: 4528: 4525: 4523: 4520: 4518: 4515: 4513: 4510: 4508: 4505: 4503: 4500: 4498: 4495: 4493: 4490: 4488: 4485: 4483: 4480: 4478: 4475: 4473: 4470: 4468: 4465: 4463: 4462:Austrian Jews 4460: 4458: 4455: 4453: 4450: 4448: 4445: 4443: 4440: 4438: 4435: 4434: 4432: 4417: 4414: 4412: 4409: 4407: 4399: 4397: 4394: 4392: 4388: 4384: 4382: 4374: 4373: 4370: 4364: 4363: 4359: 4357: 4354: 4352: 4349: 4347: 4346: 4342: 4340: 4337: 4335: 4332: 4330: 4327: 4325: 4322: 4320: 4319: 4315: 4313: 4312: 4308: 4307: 4305: 4301: 4295: 4292: 4290: 4287: 4285: 4282: 4280: 4277: 4275: 4272: 4270: 4267: 4265: 4264:Legal realism 4262: 4260: 4257: 4255: 4252: 4250: 4247: 4245: 4242: 4240: 4237: 4235: 4232: 4230: 4227: 4226: 4224: 4222: 4218: 4209: 4208: 4204: 4199: 4198: 4194: 4189: 4188: 4184: 4179: 4178: 4174: 4169: 4168: 4164: 4159: 4158: 4154: 4149: 4148: 4144: 4139: 4138: 4134: 4133: 4131: 4129: 4125: 4119: 4116: 4114: 4111: 4109: 4106: 4104: 4101: 4099: 4096: 4094: 4091: 4089: 4086: 4084: 4081: 4079: 4076: 4074: 4071: 4069: 4066: 4064: 4061: 4059: 4056: 4054: 4051: 4049: 4046: 4044: 4041: 4039: 4036: 4034: 4031: 4029: 4026: 4024: 4021: 4019: 4016: 4014: 4011: 4009: 4006: 4004: 4001: 3999: 3996: 3994: 3991: 3989: 3986: 3984: 3981: 3979: 3976: 3974: 3971: 3969: 3966: 3964: 3961: 3959: 3956: 3954: 3951: 3949: 3946: 3944: 3941: 3939: 3936: 3934: 3931: 3929: 3926: 3924: 3921: 3919: 3916: 3914: 3911: 3909: 3906: 3904: 3901: 3899: 3896: 3894: 3891: 3889: 3886: 3884: 3881: 3879: 3876: 3874: 3871: 3869: 3866: 3864: 3861: 3859: 3856: 3854: 3851: 3849: 3846: 3844: 3841: 3839: 3836: 3834: 3831: 3829: 3826: 3824: 3821: 3819: 3816: 3815: 3813: 3811: 3807: 3801: 3798: 3796: 3793: 3791: 3790:Legal history 3788: 3786: 3783: 3781: 3778: 3776: 3773: 3771: 3768: 3766: 3763: 3761: 3758: 3757: 3755: 3753: 3749: 3743: 3740: 3739: 3736: 3732: 3731:Jurisprudence 3725: 3720: 3718: 3713: 3711: 3706: 3705: 3702: 3696: 3692: 3688: 3685: 3683: 3682: 3677: 3675: 3672: 3670: 3667: 3665: 3662: 3660: 3657: 3655: 3651: 3648: 3645: 3643: 3640: 3638: 3634: 3631: 3630: 3626: 3621: 3617: 3614: 3610: 3607: 3603: 3600: 3596: 3593: 3589: 3586: 3582: 3580: 3576: 3572: 3569: 3565: 3562: 3558: 3555: 3551: 3547: 3544: 3541: 3538:Henry Cohen, 3537: 3534: 3530: 3527: 3523: 3520: 3516: 3513: 3509: 3506: 3502: 3501: 3497: 3490: 3486: 3481: 3477: 3473: 3469: 3465: 3461: 3460: 3454: 3450: 3448:9781907301247 3444: 3440: 3435: 3434: 3429: 3421: 3417: 3413: 3409: 3405: 3401: 3393: 3390: 3385: 3381: 3377: 3371: 3367: 3363: 3359: 3358: 3350: 3347: 3341: 3338: 3333: 3327: 3323: 3316: 3313: 3309: 3303: 3300: 3296: 3290: 3287: 3283: 3275: 3272: 3268: 3262: 3259: 3255: 3249: 3246: 3240: 3237: 3233: 3227: 3224: 3220: 3214: 3211: 3207: 3206: 3199: 3196: 3190: 3187: 3183: 3177: 3174: 3170: 3169:Jurisprudence 3164: 3161: 3157: 3151: 3148: 3144: 3138: 3135: 3131: 3125: 3122: 3118: 3112: 3109: 3105: 3100: 3097: 3093: 3089: 3083: 3080: 3076: 3071: 3068: 3064: 3058: 3055: 3051: 3045: 3042: 3038: 3037:Kelsen (1960) 3033: 3030: 3027: 3021: 3018: 3014: 3008: 3005: 3001: 2995: 2992: 2988: 2982: 2979: 2975: 2969: 2966: 2962: 2958: 2952: 2949: 2945: 2940: 2937: 2933: 2928: 2925: 2921: 2915: 2912: 2909: 2905: 2901: 2895: 2892: 2888: 2887:Kelsen (1960) 2883: 2880: 2876: 2875: 2868: 2865: 2860: 2856: 2849: 2846: 2841: 2835: 2831: 2824: 2821: 2815: 2810: 2806: 2802: 2798: 2791: 2788: 2783: 2776: 2773: 2761: 2757: 2751: 2748: 2743: 2741:9780198265658 2737: 2733: 2727: 2721: 2718: 2714: 2710: 2704: 2701: 2695: 2688: 2685: 2681: 2677: 2673: 2669: 2665: 2661: 2657: 2650: 2647: 2643: 2637: 2634: 2630: 2624: 2621: 2615: 2608: 2605: 2601: 2595: 2592: 2588: 2584: 2580: 2574: 2571: 2565: 2562: 2556: 2553: 2547: 2544: 2540: 2534: 2531: 2527: 2521: 2518: 2513: 2506: 2503: 2499: 2493: 2490: 2484: 2481: 2477: 2472: 2470: 2466: 2461: 2455: 2452: 2449: 2444: 2441: 2435: 2427: 2420: 2417: 2413: 2409: 2403: 2400: 2394: 2387: 2384: 2379: 2372: 2369: 2365: 2364:3-511-00057-2 2361: 2355: 2348: 2345: 2341: 2340:3-511-00058-0 2337: 2331: 2324: 2321: 2317: 2311: 2304: 2301: 2297: 2292: 2289: 2285: 2281: 2280:3-511-00055-6 2277: 2271: 2264: 2261: 2255: 2252: 2248: 2244: 2238: 2235: 2231: 2225: 2222: 2218: 2213: 2211: 2207: 2203: 2197: 2195: 2191: 2185: 2180: 2176: 2172: 2168: 2161: 2158: 2154: 2148: 2141: 2138: 2134: 2128: 2121: 2118: 2113: 2109: 2102: 2099: 2095: 2089: 2086: 2080: 2076: 2073: 2071: 2070:H. L. A. Hart 2068: 2066: 2063: 2061: 2058: 2056: 2053: 2051: 2050: 2046: 2044: 2041: 2039: 2036: 2035: 2031: 2026: 2023: 2020: 2016: 2013: 2010: 2007: 2004: 2001: 1998: 1995: 1992: 1989: 1986: 1982: 1978: 1975: 1972: 1969: 1966: 1963: 1960: 1957: 1954: 1952: 1948: 1944: 1940: 1937: 1934: 1930: 1927: 1923: 1920: 1917: 1914: 1911: 1908: 1906: 1902: 1898: 1895: 1890: 1886: 1885: 1880: 1877: 1873: 1869: 1866: 1863: 1860: 1859: 1855: 1850: 1846: 1844: 1840: 1837: 1835: 1831: 1829: 1825: 1823: 1819: 1816: 1814: 1810: 1809: 1805: 1803: 1801: 1797: 1792: 1789: 1785: 1780: 1778: 1774: 1769: 1760: 1758: 1755: 1744: 1741: 1737: 1733: 1728: 1725: 1720: 1718: 1717: 1712: 1708: 1704: 1699: 1696: 1692: 1688: 1679: 1677: 1675: 1671: 1667: 1661: 1658: 1649: 1645: 1643: 1642:John Marshall 1639: 1638:Hermann Cohen 1635: 1630: 1626: 1615: 1613: 1607: 1604: 1600: 1596: 1592: 1587: 1584: 1580: 1576: 1575: 1570: 1569:Hermann Cohen 1565: 1562: 1558: 1551: 1547: 1542: 1538: 1537: 1529: 1525: 1520: 1515: 1511: 1508: 1499: 1497: 1494: 1490: 1481: 1479: 1477: 1476: 1471: 1459: 1456: 1448: 1438: 1434: 1430: 1424: 1423: 1419: 1414:This section 1412: 1408: 1403: 1402: 1396: 1394: 1387: 1385: 1378: 1376: 1366: 1363: 1355: 1345: 1341: 1337: 1331: 1330: 1326: 1321:This section 1319: 1315: 1310: 1309: 1303: 1301: 1297: 1295: 1291: 1287: 1286: 1281: 1277: 1271: 1269: 1268:John Hart Ely 1264: 1256: 1254: 1252: 1247: 1238: 1236: 1229: 1227: 1225: 1221: 1217: 1216: 1208: 1204: 1199: 1190: 1188: 1181: 1179: 1177: 1176:Eric Voegelin 1173: 1165: 1164:John Marshall 1160: 1156: 1153: 1149: 1145: 1141: 1137: 1133: 1129: 1128:H. L. A. Hart 1125: 1121: 1111: 1108: 1102: 1100: 1096: 1091: 1085: 1083: 1079: 1034: 1030: 1015: 1014: 984:legal science 977: 971: 969: 965: 961: 960:jurisprudence 955: 947: 945: 942: 937: 933: 929: 928:Eric Voegelin 924: 922: 918: 914: 908: 906: 902: 898: 897:head of State 894: 889: 888: 882: 877: 875: 871: 867: 861: 859: 855: 851: 847: 843: 838: 834: 830: 826: 822: 821:United States 818: 814: 813: 804: 802: 799: 794: 790: 786: 785: 780: 775: 773: 769: 765: 761: 757: 753: 749: 745: 740: 738: 734: 730: 726: 722: 718: 714: 710: 706: 702: 697: 694: 690: 684: 680: 673: 671: 669: 665: 660: 654: 652: 648: 644: 640: 636: 632: 626: 622: 617: 613: 605: 600: 596: 594: 590: 586: 582: 578: 574: 570: 566: 562: 554: 549: 545: 544:(1823–1891). 543: 539: 535: 531: 527: 523: 519: 515: 511: 507: 503: 498: 496: 490: 487: 483: 477: 475: 471: 467: 463: 455: 449: 445: 443: 439: 435: 431: 427: 423: 419: 415: 411: 407: 403: 399: 395: 387: 382: 380: 378: 374: 373:H. L. A. Hart 370: 366: 361: 359: 355: 351: 347: 343: 338: 336: 332: 328: 324: 319: 317: 316:Sigmund Freud 313: 309: 305: 301: 297: 292: 282: 255: 246: 243: 239: 235: 232: 229:Notable ideas 223: 219: 215: 212: 206: 203: 202:Alfred Schütz 199: 198:Eric Voegelin 196: 192: 188: 187: 183: 181: 177: 174: 170: 166: 162: 159: 155: 152: 149: 147: 143: 140: 137: 133: 130: 127: 123: 119: 115: 111: 107: 104: 100: 95: 85: 81: 77: 73: 60: 56: 45: 40: 33: 30: 19: 4362:Usul al-Fiqh 4360: 4343: 4339:Legal system 4316: 4309: 4207:Law's Empire 4205: 4195: 4185: 4175: 4165: 4155: 4145: 4135: 3957: 3810:Philosophers 3752:Legal theory 3680: 3619: 3612: 3605: 3598: 3591: 3584: 3583:Keekok Lee, 3574: 3567: 3560: 3549: 3542: 3532: 3525: 3518: 3511: 3504: 3484: 3463: 3458: 3438: 3403: 3399: 3392: 3356: 3349: 3340: 3321: 3315: 3307: 3302: 3294: 3289: 3274: 3266: 3261: 3253: 3248: 3239: 3231: 3226: 3218: 3213: 3203: 3198: 3189: 3181: 3176: 3168: 3163: 3155: 3150: 3142: 3137: 3129: 3124: 3116: 3111: 3103: 3099: 3091: 3087: 3082: 3074: 3070: 3062: 3057: 3049: 3044: 3032: 3025: 3020: 3012: 3007: 2999: 2994: 2986: 2981: 2973: 2968: 2960: 2956: 2951: 2944:Baume (2011) 2939: 2932:Baume (2011) 2927: 2919: 2914: 2899: 2894: 2882: 2872: 2867: 2858: 2854: 2848: 2829: 2823: 2804: 2800: 2790: 2781: 2775: 2763:. Retrieved 2759: 2750: 2731: 2725: 2720: 2712: 2708: 2703: 2693: 2687: 2655: 2649: 2641: 2636: 2628: 2623: 2613: 2607: 2599: 2594: 2586: 2582: 2578: 2573: 2564: 2555: 2546: 2538: 2533: 2525: 2520: 2511: 2505: 2497: 2492: 2483: 2478:, p. 37 2476:Baume (2011) 2454: 2448:Baume (2011) 2443: 2433: 2425: 2419: 2411: 2407: 2402: 2392: 2386: 2377: 2371: 2353: 2347: 2329: 2323: 2315: 2309: 2303: 2296:Baume (2011) 2291: 2283: 2269: 2263: 2254: 2246: 2242: 2237: 2229: 2224: 2219:, p. 47 2217:Baume (2011) 2201: 2174: 2170: 2160: 2152: 2146: 2140: 2135:Bd 1 (2007). 2132: 2126: 2120: 2112:Der Standard 2111: 2101: 2093: 2088: 2065:Carl Schmitt 2047: 2024: 2018: 2014: 2008: 2002: 1996: 1990: 1984: 1980: 1973: 1967: 1961: 1955: 1942: 1938: 1932: 1925: 1921: 1915: 1909: 1896: 1883: 1875: 1871: 1867: 1861: 1856:Publications 1799: 1795: 1793: 1781: 1776: 1772: 1767: 1764: 1750: 1736:Harold Laski 1729: 1723: 1721: 1714: 1700: 1683: 1662: 1657:Carl Schmitt 1654: 1634:neo-Kantians 1621: 1608: 1602: 1594: 1590: 1588: 1574:Habilitation 1572: 1566: 1560: 1556: 1534: 1532: 1527: 1506: 1503: 1492: 1488: 1485: 1473: 1466: 1451: 1445:October 2022 1442: 1427:Please help 1415: 1391: 1382: 1373: 1358: 1352:October 2022 1349: 1334:Please help 1322: 1298: 1293: 1289: 1283: 1276:neo-Kantians 1272: 1260: 1250: 1242: 1233: 1223: 1219: 1213: 1194: 1185: 1171: 1169: 1136:Leslie Green 1132:John Gardner 1117: 1103: 1098: 1086: 1029:legal system 972: 957: 940: 935: 931: 925: 920: 916: 912: 909: 904: 900: 892: 885: 880: 878: 873: 869: 865: 862: 841: 824: 810: 808: 782: 778: 776: 772:Habilitation 771: 767: 764:Habilitation 763: 759: 755: 747: 743: 741: 736: 729:Carl Schmitt 724: 698: 691:in 1924 and 686: 682: 677: 655: 612:Carl Schmitt 609: 592: 588: 584: 580: 576: 572: 568: 558: 525: 513: 502:habilitation 499: 491: 478: 459: 430:habilitation 391: 362: 349: 345: 339: 325:and for his 320: 312:Roscoe Pound 253: 252: 189: (1911) 185: 157:Institutions 114:habilitation 88:(1973-04-19) 29: 4447:1973 deaths 4442:1881 births 4284:Paternalism 4279:Natural law 4141:(c. 355 BC) 3988:Montesquieu 3780:Legal norms 3566:Sara Lagi, 3468:F. Deuticke 3281:(in German) 3039:, Chapter 5 2946:, p. 5 2889:, Chapter 4 2541:, pp 16-17. 2298:, p. 7 2177:(4): 1153. 1849:Landstrasse 1583:neo-Kantian 1544: [ 1541:Adolf Merkl 1304:Sovereignty 1288:(1795) and 1201: [ 1198:Adolf Merkl 1144:John Finnis 1082:natural law 1040:bindingness 1027:norms in a 970:countries. 876:, Issue 8. 760:Staatslehre 733:rule of law 713:Switzerland 619: [ 616:Adolf Merkl 567:: in 1920, 538:Paul Laband 530:Karl Renner 495:Léon Duguit 438:Lutheranism 367:defense of 365:neo-Kantian 254:Hans Kelsen 36:Hans Kelsen 4431:Categories 4391:Law portal 4018:Petrażycki 4008:Pashukanis 4003:Olivecrona 3938:Hägerström 3853:Blackstone 3552:. Mexico: 3406:(2): 119. 2908:1584779861 2629:J.Y.B.I.L. 2286:, vol. II. 2245:, vol. 1, 2081:References 2075:Joseph Raz 2055:Basic norm 1905:1584779861 1707:Bolshevism 1579:public law 1519:Joseph Raz 1470:basic norm 1280:John Rawls 1140:Joseph Raz 1004:basic norm 968:common-law 964:public law 881:J.Y.B.I.L. 812:Washington 659:common-law 604:Botticelli 561:public law 506:public law 486:Jean Bodin 388:Early life 377:Joseph Raz 358:government 238:Basic norm 214:Public law 64:1881-10-11 4151:(c. 1270) 4033:Pufendorf 3968:Llewellyn 3828:Aristotle 3420:263915230 3384:242433290 2989:, pp 5-6. 2861:: 251–278 2680:144699481 2232:, p. 198. 1711:communism 1670:Nuremberg 1612:Grundnorm 1603:Grundnorm 1595:Grundnorm 1591:Grundnorm 1561:Grundnorm 1536:Grundnorm 1528:Grundnorm 1507:Grundnorm 1475:Grundnorm 1416:does not 1323:does not 1246:normative 1224:Grundnorm 1220:Grundnorm 1013:Grundnorm 696:in 2015. 518:professor 426:Dr. juris 383:Biography 323:democracy 102:Education 4381:Category 4303:Concepts 4269:Legalism 4221:Theories 4108:Voegelin 4078:Scaevola 4038:Radbruch 4013:Perelman 3998:Nussbaum 3943:Jellinek 3908:Habermas 3903:Gurvitch 3873:Durkheim 3843:Beccaria 3650:Archived 3622:273-308. 2765:July 30, 2200:Kelsen, 2032:See also 1703:Cold War 1625:Jellinek 842:Readings 651:Portugal 112:, 1906; 110:Dr. iur. 18:H Kelsen 4416:changes 4329:Justice 4083:Schmitt 4073:Savigny 4053:Reinach 3978:Maistre 3973:Luhmann 3948:Jhering 3898:Grotius 3883:Ehrlich 3878:Dworkin 3868:Cardozo 3848:Bentham 3838:Bastiat 3823:Aquinas 3693:of the 3689:in the 3635:at the 3594:(1953). 3556:, 1989. 3476:9072875 3430:Sources 2672:2378551 1864:(1920). 1437:removed 1422:sources 1344:removed 1329:sources 1120:Austria 1031:, from 856:at the 835:at the 705:Germany 440:of the 420:at the 406:Bohemia 402:Galicia 287:German: 116:, 1911) 48:Kelsen 4311:Dharma 4211:(1986) 4201:(1980) 4191:(1961) 4181:(1934) 4171:(1820) 4161:(1748) 4113:Walzer 4093:Suárez 4058:Renner 4023:Posner 3993:Müller 3958:Kelsen 3933:Hobbes 3913:Haller 3893:Fuller 3888:Finnis 3858:Bobbio 3833:Austin 3579:review 3474:  3445:  3418:  3382:  3372:  3328:  2906:  2836:  2807:: 94. 2738:  2678:  2670:  2656:Ethics 2362:  2338:  2278:  1949:  1933:Ethics 1903:  1841:1967: 1832:1961: 1826:1961: 1820:1960: 1629:Gerber 1138:, and 921:Ethics 817:Lisbon 709:Geneva 563:, and 410:Vienna 398:Jewish 394:Prague 296:jurist 180:Thesis 146:School 135:Region 96:, U.S. 72:Prague 4128:Works 4118:Weber 4103:Unger 4098:Stahl 4088:Shang 4043:Rawls 4028:Pound 3963:Leoni 3928:Hegel 3818:Alexy 3742:Index 3681:Werke 3462:[ 3416:S2CID 3380:S2CID 3013:Werke 2676:S2CID 2668:JSTOR 2284:Werke 2202:Dante 2153:Werke 2133:Werke 1674:Tokyo 1552:] 1472:, or 1209:] 1071:legal 1060:valid 1022:lower 647:Spain 643:Italy 627:] 434:Dante 4137:Laws 4068:Rumi 4063:Ross 3983:Marx 3953:Kant 3923:Hart 3863:Bork 3472:OCLC 3443:ISBN 3370:ISBN 3326:ISBN 3297:368. 2904:ISBN 2834:ISBN 2767:2021 2736:ISBN 2360:ISBN 2336:ISBN 2276:ISBN 1947:ISBN 1901:ISBN 1754:Hart 1709:and 1672:and 1627:and 1526:The 1420:any 1418:cite 1327:any 1325:cite 962:and 629:and 508:and 484:and 302:and 83:Died 58:Born 52:1930 4048:Raz 3918:Han 3695:ZBW 3408:doi 3362:doi 2809:doi 2660:doi 2179:doi 2151:. 1431:by 1338:by 827:at 774:." 768:and 504:in 418:law 125:Era 4433:: 4345:Li 4318:Fa 3470:. 3414:. 3404:48 3402:. 3378:. 3368:. 3092:18 3090:, 2859:37 2857:, 2805:19 2803:. 2799:. 2758:. 2674:, 2666:, 2468:^ 2209:^ 2193:^ 2175:27 2173:. 2169:. 2110:. 1676:. 1550:pt 1548:; 1546:de 1207:pt 1205:; 1203:de 1150:, 1134:, 1130:, 1084:. 893:of 860:. 711:, 649:, 645:, 641:, 625:pt 623:; 621:de 606:). 375:, 337:. 298:, 285:; 278:ən 74:, 50:c. 3723:e 3716:t 3709:v 3491:. 3478:. 3451:. 3422:. 3410:: 3386:. 3364:: 3334:. 3269:. 3256:. 3221:. 3208:. 3145:. 2842:. 2817:. 2811:: 2769:. 2744:. 2715:. 2698:. 2662:: 2618:. 2462:. 2438:. 2397:. 2366:. 2342:. 2187:. 2181:: 2114:. 2021:. 1987:. 1891:. 1798:( 1458:) 1452:( 1447:) 1443:( 1439:. 1425:. 1365:) 1359:( 1354:) 1350:( 1346:. 1332:. 1074:' 1068:' 1063:' 1057:' 1053:' 1047:' 1043:' 1037:' 1025:' 1019:' 1009:( 1007:' 1001:' 997:' 991:' 987:' 981:' 911:( 781:( 348:( 281:/ 275:s 272:l 269:ɛ 266:k 263:ˈ 260:/ 256:( 108:( 66:) 62:( 20:)

Index

H Kelsen

Prague
Austria-Hungary
Berkeley, California
University of Vienna
Dr. iur.
habilitation
20th-century philosophy
Western philosophy
School
Legal positivism
University of Vienna
University of Cologne
Graduate Institute of International and Development Studies
University of California, Berkeley
Thesis
Hauptprobleme der Staatsrechtslehre entwickelt aus der Lehre vom Rechtssätze
Eric Voegelin
Alfred Schütz
Public law
International law
Philosophy of law
Pure theory of law
Basic norm
Constitutional court
/ˈkɛlsən/
[ˈhansˈkɛlsən]
jurist
legal philosopher

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