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Kelsen
Hans Kelsen (; ; October 11, 1881 – April 19, 1973) was an Austrian jurist, legal philosopher and political philosopher. He was the author of the 1920 Austrian Constitution, which to a very large degree is still valid today. Due to the rise of totalitarianism in Austria (and a 1929 constitutional change), Kelsen left for Germany in 1930 but was forced to leave his university post after Hitler's seizure of power in 1933 because of his Jewish ancestry. That year he left for Geneva and later moved to the United States in 1940. In 1934, Roscoe Pound lauded Kelsen as "undoubtedly the leading jurist of the time". While in Vienna, Kelsen met Sigmund Freud and his circle, and wrote on the subject of social psychology and sociology. By the 1940s, Kelsen's reputation was already well established in the United States for his defense of democracy and for his Pure Theory of Law. Kelsen's academic stature exceeded legal theory alone and extended to political philosophy and social theory as ...
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Hans Kelsen (1881–1973) ~1930 © Georg Fayer (1892–1950) OeNB 8026867
Hans Kelsen (; ; October 11, 1881 – April 19, 1973) was an Austrian jurist, legal philosopher and political philosopher. He was the author of the 1920 Austrian Constitution, which to a very large degree is still valid today. Due to the rise of totalitarianism in Austria (and a 1929 constitutional change), Kelsen left for Germany in 1930 but was forced to leave his university post after Hitler's seizure of power in 1933 because of his Jewish ancestry. That year he left for Geneva and later moved to the United States in 1940. In 1934, Roscoe Pound lauded Kelsen as "undoubtedly the leading jurist of the time". While in Vienna, Kelsen met Sigmund Freud and his circle, and wrote on the subject of social psychology and sociology. By the 1940s, Kelsen's reputation was already well established in the United States for his defense of democracy and for his Pure Theory of Law. Kelsen's academic stature exceeded legal theory alone and extended to political philosophy and social theory as ...
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Basic Norm
Basic norm (german: Grundnorm) is a concept in the ''Pure Theory of Law'' created by Hans Kelsen, a jurist and Philosophy of Law, legal philosopher. Kelsen used this word to denote the basic Norm (philosophy), norm, order, or rule that forms an underlying basis for a legal system. The theory is based on a need to find a point of origin for all law, on which basic law and the constitution can gain their legitimacy (akin to the concept of first principles). This "basic norm", however, is often described as hypothetical. The reception of the term has fallen into three broad areas of discernment including (i) Kelsen's original introduction of the term, (ii) the Neo-Kantian reception of the term by Kelsen's critics and followers, and (iii) the hypothetical and symbolic use of the term through the history of its application. The origin of the term "basic norm" from Merkl Regarding Kelsen's original use of the term, its closest antecedent appears in writings of his colleague Adolf Merkl ...
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Legal Positivism
Legal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that: * laws are commands of human beings; * there is not any necessary relation between law and morality, that is, between law as it is and as it ought to be; * analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions; * a legal system is a closed, logical system in which ...
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Eric Voegelin
Eric Voegelin (born Erich Hermann Wilhelm Vögelin, ; 1901–1985) was a German-American political philosopher. He was born in Cologne, and educated in political science at the University of Vienna, where he became an associate professor of political science in the law faculty. In 1938, he and his wife fled from the Nazi forces which had entered Vienna. They emigrated to the United States, where they became citizens in 1944. He spent most of his academic career at Louisiana State University, the University of Munich and the Hoover Institution of Stanford University. Early life Although he was born in Cologne on January 3, 1901, his parents moved to Vienna in 1910, and he eventually studied at the University of Vienna. The advisers on his dissertation were Hans Kelsen and Othmar Spann. After his habilitation there in 1928, he taught political theory and sociology. In Austria, Voegelin began lasting friendships with Alfred Schütz and with F. A. Hayek. Career As a result of the An ...
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Philosophy Of Law
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analyti ...
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Legal Philosopher
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analyti ...
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Horst Dreier
Horst Dreier (born 7 September 1954) is a German jurist and legal philosopher. He currently holds a chair at the University of Würzburg. In 2008 he was the initial candidate to replace Winfried Hassemer at the Federal Constitutional Court of Germany, but his nomination was opposed by the CDU for his controversial positions regarding torture and stem cell research, and eventually withdrawn in favor of Andreas Voßkuhle. A native of Hannover, Lower Saxony, Dreier attended the University of Hannover, where he received his Staatsexamen in 1981. He went on to earn his Doctor of Laws from the University of Würzburg in 1985, under supervision of Hasso Hofmann. Horst Dreier received several awards for his work; in 2000, the "Award for Excellence in Teaching" from the Bavarian State Minister for Science, Research and the Arts and in 2002 he was awarded the Austrian Decoration for Science and Art by the Federal President of the Republic of Austria. In 2003 Dreier was elected as a mem ...
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Norberto Bobbio
Norberto Bobbio (; 18 October 1909 – 9 January 2004) was an Italian philosopher of law and political sciences and a historian of political thought. He also wrote regularly for the Turin-based daily ''La Stampa''. Bobbio was a social liberal in the tradition of Piero Gobetti, Carlo Rosselli, , and Aldo Capitini. He was also strongly influenced by Hans Kelsen and Vilfredo Pareto. Early life Bobbio was born in Turin on October 18, 1909 to Luigi and Rosa Caviglia. The middle-class status of his family (his father was a doctor) allowed Bobbio to have a comfortable childhood. He wrote verses and loved Bach and Verdi's opera ''La traviata''. Later, he would develop an unknown illness that caused tiredness and malaise. The feeling worsened with age but became an important part of his intellectual growth. Bobbio studied at the Liceo Classico Massimo d'Azeglio, where he met Leone Ginzburg, Cesare Pavese, and Vittorio Foa, who would all become major figures in the culture of the Ita ...
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Graduate Institute Of International And Development Studies
The Graduate Institute of International and Development Studies, or the Geneva Graduate Institute (french: Institut de hautes études internationales et du développement), abbreviated IHEID, is a government-accredited postgraduate institution of higher education located in Geneva, Switzerland. The current Geneva Graduate Institute was formed by a merger between the Graduate Institute of International Studies (french: Institut des hautes études internationales, abbreviated IHEI or HEI) and the Graduate Institute of Development Studies (, abbreviated IUED) in 2008. The institution counts one UN secretary-general (Kofi Annan), seven Nobel Prize recipients, one Pulitzer Prize winner, and numerous ambassadors, foreign ministers, and heads of state among its alumni and faculty. Founded by two senior League of Nations officials, the Graduate Institute maintains strong links with that international organisation's successor, the United Nations, and many alumni have gone on to work at ...
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Josef Laurenz Kunz
Josef Laurenz Kunz (1 April 1890 – 5 August 1970) was an Austrian American jurist. He was a Professor of International Law at the University of Toledo from 1934 to 1960, after having emigrated from Austria in 1932. Kunz earned his doctorate degree in 1920 from the University of Vienna, where he was a student of Hans Kelsen Hans Kelsen (; ; October 11, 1881 – April 19, 1973) was an Austrian jurist, legal philosopher and political philosopher. He was the author of the 1920 Austrian Constitution, which to a very large degree is still valid today. Due to the rise .... References 1890 births 1970 deaths Austrian jurists University of Vienna alumni American people of Austrian-Jewish descent Jewish emigrants from Nazi Germany to the United States University of Toledo faculty {{Austria-academic-bio-stub ...
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University Of Vienna
The University of Vienna (german: Universität Wien) is a public research university located in Vienna, Austria. It was founded by Duke Rudolph IV in 1365 and is the oldest university in the German-speaking world. With its long and rich history, the university has developed into one of the largest universities in Europe, and also one of the most renowned, especially in the Humanities. It is associated with 21 Nobel prize winners and has been the academic home to many scholars of historical as well as of academic importance. History From the Middle Ages to the Enlightenment The university was founded on March 12, 1365, by Rudolf IV, Duke of Austria, hence the name "Alma Mater Rudolphina". After the Charles University in Prague and Jagiellonian University in Kraków, the University of Vienna is the third oldest university in Central Europe and the oldest university in the contemporary German-speaking world; it remains a question of definition as the Charles University in Prague ...
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Hans Vaihinger
Hans Vaihinger (; September 25, 1852 – December 18, 1933) was a German philosopher, best known as a Kant scholar and for his ''Die Philosophie des Als Ob'' ('' The Philosophy of 'As if'''), published in 1911 although its statement of basic principles had been written more than thirty years earlier. Biography Vaihinger was born in Nehren, Württemberg, Germany, near Tübingen, and raised in what he described as a "very religious atmosphere". He was educated at the University of Tübingen (the Tübinger Stift), Leipzig University, and the University of Berlin. He then became a tutor and later a philosophy professor at the University of Strasbourg, before moving in 1884 to the University of Halle, where from 1892 he was a full professor. Philosophical work ''Philosophy of As If'' In ''Die Philosophie des Als Ob'', Vaihinger argued that human beings can never really know the underlying reality of the world, and that as a result people construct systems of thought and then as ...
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