Hans Kelsen

Hans Kelsen (October 11, 1881 – April 19, 1973) was an Austrian-American jurist. Hans Kelsen , Copyright by Bildarchiv der Österreichischen Nationalbibliothek, Wien. ... Hans Kelsen , Copyright by Bildarchiv der Österreichischen Nationalbibliothek, Wien. ... is the 284th day of the year (285th in leap years) in the Gregorian calendar. ... Year 1881 (MDCCCLXXXI) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Thursday of the 12-day slower Julian calendar). ... is the 109th day of the year (110th in leap years) in the Gregorian calendar. ... For the song by James Blunt, see 1973 (song). ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ...

Biography

Kelsen was born in Prague to Jewish parents. He moved to Vienna with his family when he was two years old. Having graduated from the Akademisches Gymnasium, he studied law at the University of Vienna, taking his doctorate in 1906. In 1911, he achieved his habilitation (license to hold university lectures) in public law and legal philosophy and published his first major work, Main Problems in the Theory of Public Law (Hauptprobleme der Staatsrechtslehre). For other uses, see Prague (disambiguation). ... The word Jew ( Hebrew: יהודי) is used in a wide number of ways, but generally refers to a follower of the Jewish faith, a child of a Jewish mother, or someone of Jewish descent with a connection to Jewish culture or ethnicity and often a combination of these attributes. ... For other uses, see Vienna (disambiguation). ... Founded in 1553, the Akademisches Gymnasium is the oldest secondary school in Vienna. ... For other uses, see Law (disambiguation). ... The University of Vienna (German: ) is a public university located in Vienna, Austria. ... Habilitation is the highest academic qualification a person can achieve by his/her own pursuit in certain European countries. ... This article or section does not adequately cite its references or sources. ... Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as what is the law?, what are the criteria for legal validity?, what is the relationship between law and morality?, and many other similar questions. ...

In 1912, Kelsen married Margarete Bondi, and the couple had two daughters.

In 1919, he became full professor of public and administrative law at the University of Vienna. He established and edited the Journal of Public Law (Zeitschrift für Öffentliches Recht) in Vienna. At the behest of Chancellor Karl Renner, Kelsen worked on drafting a new Austrian Constitution, enacted in 1920. The document still forms the basis of Austrian constitutional law to this day. Kelsen was appointed to the Constitutional Court, for a life term. In 1925, he published General Political Theory (Allgemeine politische Theorie) in Berlin. The meaning of the word professor (Latin: [1]) varies. ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... Karl Renner Monument to Karl Renner next to the Austrian Parliament, Ringstraße, Vienna, Austria Karl Renner (December 14, 1870 - December 31, 1950) was an Austrian politician. ... The Constitution of Austria (Österreichische Bundesverfassung) is the body of all constitutional law of the Republic of Austria on the federal level. ...

Following increasing political controversy about some positions of the Constitutional Court (especially about divorce) and an increasingly conservative climate, Kelsen, who was considered a Social Democrat, although not a party member, was removed from the court in 1930. Social democracy is a political ideology emerging in the late 19th and early 20th centuries from supporters of Marxism who believed that the transition to a socialist society could be achieved through democratic evolutionary rather than revolutionary means. ...

Kelsen accepted a professorship at the University of Cologne in 1930. When the Nazis came to power in Germany in 1933, he was removed from his post and moved to Geneva, Switzerland and taught international law at the Graduate Institute of International Studies from 1934 to 1940. The University of Cologne (German Universität zu Köln) is one of the oldest universities in Europe and, with over 44. ... Not to be confused with Nasi. ... For other uses, see Geneva (disambiguation). ... Graduate Institute of International Studies (HEI), based in Geneva in Switzerland, is one of the worlds leading graduate schools devoted to the study of international studies, most notably of their historic, judicial, economic, political and social aspects. ...

In 1934, he published the first edition of Pure Theory of Law (Reine Rechtslehre). In Geneva he became more interested in international law. Until the German occupation of Czechoslovakia, he was also professor at the German University of Prague. Kelsens Pure theory of law is actually a misnomer. ... Providing a constitution for public international law, the United Nations was conceived during World War II International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards, differing from other legal systems... August Naegle, the rector who try to save the university With the notion Charles-Ferdinand University it is believed meanly as the German university in Prague , which exist as an independent institution from 1882 to 1945. ...

In 1940, he moved to the United States, giving the Oliver Wendell Holmes Lectures at Harvard Law School in 1942 and becoming a full professor at the department of political science at the University of California, Berkeley (Boalt Hall) in 1945. During those years, he increasingly dealt with issues of international law and international institutions such as the United Nations. In 1953-54, he was visiting Professor of International Law at the United States Naval War College. Harvard Law School (colloquially, Harvard Law or HLS) is one of the professional graduate schools of Harvard University. ... The Politics series Politics Portal This box:      Political Science is the field concerning the theory and practice of politics and the description and analysis of political systems and political behaviour. ... Sather Tower (the Campanile) looking out over the San Francisco Bay and Mount Tamalpais. ... Boalt Hall The UC Berkeley School of Law, commonly referred to as Boalt Hall, is one of 14 schools and colleges at the University of California, Berkeley. ... Providing a constitution for public international law, the United Nations was conceived during World War II International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards, differing from other legal systems... UN redirects here. ... Logo of the Naval War College The Naval War College (NWC) of the United States Navy is an education and research institution that specializes in developing ideas for naval strategy and passing them along to officers of the Navy. ...

Kelsen's main legacy is as the inventor of the modern European model of constitutional review, first used in the Austrian First Republic, then in the Federal Republic of Germany, Italy, Spain, Portugal, and later many countries of Central and Eastern Europe. The Kelsenian court sets up special constitutional courts, which may have sole responsibility over constitutional disputes; this is quite different from the American system of judicial review. In Austrian history, the First Republic refers to the period after World War I, following the breakdown of the Austro-Hungarian Monarchy, up to World War II. This period was marked by violent strife between the left and the right, e. ... The Federal Republic of Germany can refer to two things: West Germany from 1949-1990 Germany since German reunification in 1990 ... Judicial review is the power of a court to review the actions of public sector bodies in terms of their legality or constitutionality. ...

Legal theory

Kelsen is considered one of the preeminent jurists of the 20th century. His legal theory, a very strict and scientifically understood type of legal positivism, is based on the idea of a Grundnorm, a hypothetical norm on which all subsequent levels of a legal system such as constitutional law and "simple" law are based. Legal positivism is a school of thought in jurisprudence and the philosophy of law. ... Grundnorm is a German word meaning fundamental norm. ... A legal system is the mechanism for creating, interpreting and enforcing the laws in a given jurisdiction. ... The French Declaration of the Rights of the Man and of the Citizen, whose principles still have constitutional value Constitutional law is the study of foundational or basic laws of nation states and other political organizations. ...

His theory has followers among scholars of public law world-wide. His disciples developed "schools" of thought to extend his theories, such as the Vienna School in Austria and the Brno School in Czechoslovakia. In the English-speaking world, H. L. A. Hart and Joseph Raz are perhaps the most well-known authors who were influenced by Kelsen, though both departed from Kelsen's theories in several respects. This article or section does not adequately cite its references or sources. ... H. L. A. Hart (Herbert Lionel Adolphus Hart) (1907-1992) is widely regarded as the most important English-speaking legal philosopher of the twentieth century. ... Joseph Raz (born 1939) is an influential legal, moral and political philosopher. ...

Kelsen's was a negative influence on Carl Schmitt, who criticized Kelsen's work on sovereignty in Political Theology and elsewhere. In turn, Kelsen wrote that only the belief in a "theology of the State" could justify the refusal to acknowledge the binding nature of international law upon "sovereign" states. For Kelsen, "sovereignty" was a loaded concept: "We can derive from the concept of sovereignty nothing else than what we have purposely put into its definition."^[1] Carl Schmitt (July 11, 1888 – April 7, 1985) was a German jurist, political theorist, and professor of law. ... Sovereignty is the exclusive right to have control over an area of governance, people, or oneself. ...

See also

• Legal positivism
• List of Austrian scientists
• List of famous Austrians

Legal positivism is a school of thought in jurisprudence and the philosophy of law. ... This is a list of Austrian scientists. ... The following list is a selection of famous Austrians. ...

References

External links

• biographical note 1
• biographical note 2
• biographical note 3
• Critics
• bibliographical note