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Grundnorm
Basic norm (german: Grundnorm) is a concept in the '' Pure Theory of Law'' created by Hans Kelsen, a jurist and legal philosopher. Kelsen used this word to denote the basic norm, order, or rule that forms an underlying basis for a legal system. The theory is based on a need to find a point of origin for all law, on which basic law and the constitution can gain their legitimacy (akin to the concept of first principles). This "basic norm", however, is often described as 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 at the University of Vienna. Merkl wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurist
A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the United Kingdom the term "jurist" is mostly used for legal academics, while in the United States the term may also be applied to a judge. With reference to Roman law, a "jurist" (in English) is a jurisconsult (''iurisconsultus''). The English term ''jurist'' is to be distinguished from similar terms in other European languages, where it may be synonymous with legal professional, meaning anyone with a professional law degree that qualifies for admission to the legal profession, including such positions as judge or attorney. In Germany, Scandinavia and a number of other countries ''jurist'' denotes someone with a professional law degree, and it may be a protected title, for example in Norway. Thus the term can be applied to attorneys, judges an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norm (philosophy)
Norms are concepts (Sentence (linguistics), sentences) of practical import, oriented to affecting an action, rather than conceptual abstractions that describe, explain, and express. Normative sentences imply "ought-to" types of statements and assertions, in distinction to sentences that provide "is" types of statements and assertions. Common normative sentences include Imperative mood, commands, permissions, and prohibitions; common normative abstract concepts include ''sincerity'', ''justification'', and ''honesty''. A popular account of norms describes them as Reason (argument), reasons to take action (philosophy), action, to belief, believe, and to emotion, feel. Types of norms Orders and permissions express norms. Such norm sentences do not describe how the world is, they rather prescribe how the world should be. Imperative mood, Imperative sentences are the most obvious way to express norms, but declarative sentences also may be norms, as is the case with laws or 'principles ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First Principles
In philosophy and science, a first principle is a basic proposition or assumption that cannot be deduced from any other proposition or assumption. First principles in philosophy are from First Cause attitudes and taught by Aristotelians, and nuanced versions of first principles are referred to as postulates by Kantians. In mathematics, first principles are referred to as axioms or postulates. In physics and other sciences, theoretical work is said to be from first principles, or ''ab initio'', if it starts directly at the level of established science and does not make assumptions such as empirical model and parameter fitting. "First principles thinking" consists of deriving things to their fundamental proven axioms in the given arena, before reasoning up by asking which ones are relevant to the question at hand, then cross referencing conclusions based on chosen axioms and making sure conclusions do not violate any fundamental laws. Physicists include counterintuitive concepts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hermann Cohen
Hermann Cohen (4 July 1842 – 4 April 1918) was a German Jewish philosophy, philosopher, one of the founders of the University of Marburg, Marburg school of neo-Kantianism, and he is often held to be "probably the most important Jewish philosopher of the nineteenth century". Biography Cohen was born in Coswig, Anhalt. He began to study philosophy early on, and soon became known as a profound Immanuel Kant, Kant scholar. He was educated at the Gymnasium at Dessau, at the Jewish Theological Seminary of Breslau, and at the universities of University of Breslau, Breslau, Humboldt University of Berlin, Berlin, and University of Halle-Wittenberg, Halle. In 1873, he became ''Privatdozent'' in the philosophical faculty of the University of Marburg, the thesis with which he obtained the ''venia legendi'' being ''Die systematischen Begriffe in Kant's vorkritischen Schriften nach ihrem Verhältniss zum kritischen Idealismus''. Cohen was elected Professor extraordinarius at Marburg in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norm (social)
Social norms are shared standards of acceptable behavior by groups. Social norms can both be informal understandings that govern the behavior of members of a society, as well as be codified into rules and laws. Social normative influences or social norms, are deemed to be powerful drivers of human behavioural changes and well organized and incorporated by major theories which explain human behaviour. Institutions are composed of multiple norms. Norms are shared social beliefs about behavior; thus, they are distinct from "ideas", " attitudes", and "values", which can be held privately, and which do not necessarily concern behavior. Norms are contingent on context, social group, and historical circumstances. Scholars distinguish between regulative norms (which constrain behavior), constitutive norms (which shape interests), and prescriptive norms (which prescribe what actors ''ought'' to do). The effects of norms can be determined by a logic of appropriateness and logic of consequ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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