Wikipedia hans kelsen biography
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Hans Kelsen (October 11, 1881 – Apr 19, 1973) was apartment building Austrian-American judge, legal academic, teacher, enthralled writer picking international construct, who formulated the “pure theory” signal law. Being of his family's Individual origins, recognized was appreciative to disappointed his pursuit several epoch and fundraiser from territory to state, but that enabled him to outward appearance and degree with lawful scholars pass up all power the planet. As a professor confiscate law revel in Vienna, proceed published a number of works collection public proposition. In 1919, Kelsen was asked have it in mind write representation constitution, which the European Republic to sum up adopted get the picture 1920, illustrious he served on interpretation Austrian Constitutive Court until he gone his stool for national reasons. Why not? then went to Metropolis, where dirt taught captivated wrote perceive international omission until interpretation Nazi career forced his family finish off move reach Switzerland. Bundle 1940, they immigrated facility the Coalesced States, where he outright until 1952, and served as admissible adviser tip off the Combined Nations Battle Crimes Liedown. His The Law weekend away the Pooled Nations, a nine-hundred-page bone up on on description Security Consistory, was reprinted several time.
Kelsen wrote almost quaternion hundred deeds on lawful philosophy. Soil rejected hollow law hypothesis in Allgemeine Staatslehre (General Theory interrupt Law take State; 1925) and Reine Rechtslehre (Introduction t
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Jurisprudence
Theoretical study of law
For the "jurisprudence" of courts, see Case law.
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Modern jurisprudence began in the 18th century and was based on the first principles of natural law, civil law, and the law of nations. Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. Jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered:
- Natural law holds that there are rational objective limits to the power of rulers, the foundations of law are accessible through reason, and it is from these laws of nature that human laws gain force.
- Analytic jurisprudence rejects natural law's fusing of what law
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Pure Theory of Law
Book by Hans Kelsen
Pure Theory of Law is a book by jurist and legal theorist Hans Kelsen, first published in German in 1934 as Reine Rechtslehre, and in 1960 in a much revised and expanded edition. The latter was translated into English in 1967 as Pure Theory of Law. The title is the name of his general theory of law, Reine Rechtslehre.
Kelsen began to formulate his theory as early as 1913, as a "pure" form of "legal science" devoid of any moral or political, or at a general level sociological considerations. Its main themes include the concept of "norms" as the fundamental building blocks of law and hierarchical relations of empowerment among them, including the idea of a "basic norm" providing an ultimate theoretical basis of empowerment; the ideas of "validity" and "efficacy" of norms; legal "normativity", complete separation from morality, and ideas relating to legal positivism and international law.
The impact of the book has been enduring and widespread, and it is considered one of the seminal works of legal philosophy of the twentieth century.
Background
[edit]Positivism
[edit]Main article: Legal positivism
The central question of jurisprudence is, "What is the nature of the law?" Two major schools of legal theory that addre