Hans Kelsen (October 11, 1881 – April 19, 1973) was an Austrian-American jurist. Events 1138 - A massive earthquake struck Aleppo, Syria. 1531 - Huldrych Zwingli is killed Year 1881 ( MDCCCLXXXI) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar (or a Common Events 1012 - Martyrdom of Alphege in Greenwich London. 1529 - At the Second Diet of Speyer Year 1973 ( MCMLXXIII) was a Common year starting on Monday (link will display full calendar of the 1973 Gregorian calendar. Austria (Österreich ( officially the Republic of Austria (Republik Österreich The United States of America —commonly referred to as the JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, written by founder Professor Bernard Hibbitts and a staff of more than

Contents 1 Biography 2 Legal theory 3 See also 4 References 5 External links

Biography

Kelsen was born in Prague to Jewish parents. Prague (ˈprɑːg Praha (ˈpraɦa see also other names) is the Capital and Largest city of the Czech Republic. PLEASE TAKE NOTE************ He moved to Vienna with his family when he was two years old. Vienna ( in Wien; see also other names) is the Capital of Austria, and is also one of the nine States of Austria. Having graduated from the Akademisches Gymnasium, he studied law at the University of Vienna, taking his doctorate in 1906. in 1553 the Akademisches Gymnasium is the oldest secondary school in Vienna. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society The University of Vienna (Universität Wien is a Public university located in Vienna, Austria. A doctorate is an Academic degree that indicates the highest level of academic achievement Year 1906 ( MCMVI) was a Common year starting on Monday (link will display full calendar of the Gregorian calendar (or a Common year starting 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). Year 1911 ( MCMXI) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a Common year Habilitation is the highest academic qualification a person can achieve by their own pursuit in certain European and Asian countries Public law is a theory of law governing the relationship between Individuals ( Citizens companies) and the State. Jurisprudence is the Theory and Philosophy of Law. Scholars of jurisprudence or legal philosophers hope to obtain a deeper understanding of the nature

In 1912, Kelsen married Margarete Bondi, and the couple had two daughters. Year 1912 ( MCMXII) was a Leap year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Leap year starting

In 1919, he became full professor of public and administrative law at the University of Vienna. Year 1919 ( MCMXIX) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian calendar (or a Common The meaning of the word professor ( Latin: professor, person who professes to be an expert in some art or science teacher of highest rank) varies Administrative law is the body of Law that governs the activities of administrative agencies of Government. 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. 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. Year 1920 ( MCMXX) was a Leap year starting on Thursday (link will display 1920 of the Gregorian calendar 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. Year 1925 ( MCMXXV) was a Common year starting on Thursday (link will display the full calendar of the Gregorian calendar.

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 of the left and centre-left Year 1930 ( MCMXXX) was a Common year starting on Wednesday (link will display 1930 calendar of the Gregorian calendar.

Kelsen accepted a professorship at the University of Cologne in 1930. The University of Cologne ( German Universität zu Köln) is one of the oldest universities in Europe and with over 44000 students one 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. Nazism, which was a short name for National Socialism (Nationalsozialismus refers primarily to the Ideology and practices of the National Socialist German Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. Year 1933 ( MCMXXXIII) was a Common year starting on Sunday (link will display full calendar of the Gregorian calendar. Geneva (Genève is the second-most populous city in Switzerland (after Zürich) and is the most populous city of Romandy (the French -speaking Switzerland (English pronunciation; Schweiz Swiss German: Schwyz or Schwiiz Suisse Svizzera Svizra officially the Swiss Confederation The Graduate Institute of International Studies, best known as HEI, was founded in 1927 at the time of the League of Nations, as one of the first institutions in Year 1934 ( MCMXXXIV) was a Common year starting on Monday (link will display full 1934 calendar of the Gregorian calendar. Year 1940 ( MCMXL) was a Leap year starting on Monday (link will display the full 1940 calendar of the Gregorian calendar.

In 1934, he published the first edition of Pure Theory of Law (Reine Rechtslehre). Year 1934 ( MCMXXXIV) was a Common year starting on Monday (link will display full 1934 calendar of the Gregorian calendar. Pure Theory of Law (1934 is a book by legal theorist Hans Kelsen. In Geneva he became more interested in international law. 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 Until the German occupation of Czechoslovakia, he was also professor at the German University of Prague. Charles University in Prague (also simply Charles University; Univerzita Karlova v Praze Universitas Carolina Karls-Universität zu Prag is the oldest and largest

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. Year 1940 ( MCMXL) was a Leap year starting on Monday (link will display the full 1940 calendar of the Gregorian calendar. The United States of America —commonly referred to as the Harvard Law School (also known as Harvard Law or HLS) is one of the professional Graduate schools of Harvard University. Year 1942 ( MCMXLII) was a Common year starting on Thursday (the link will display the full 1942 calendar of the Gregorian calendar. Political science is a branch of Social sciences that deals with the theory and practice of Politics and the description and analysis of Political systems The University of California Berkeley (also referred to as Cal, Berkeley and UC Berkeley) is a major research university located in Berkeley The University of California Berkeley School of Law, commonly referred to as Berkeley Law and Boalt Hall, is one of 14 schools and colleges at the University Year 1945 ( MCMXLV) was a Common year starting on Monday (link will display the full calendar During those years, he increasingly dealt with issues of international law and international institutions such as the United Nations. 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 The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security In 1953-54, he was visiting Professor of International Law at the United States Naval War College. The Charles H Stockton Chair of International Law at the United States Naval War College has its origins in the Naval War College's oldest civilian academic post The Naval War College (NWC is an education and research institution of the United States Navy that specializes in developing ideas for Naval warfare and passing them

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. In Austrian history the First Republic encompasses the period following the breakup of the Austro-Hungarian Monarchy at the end of World War I, up Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest Spain () or the Kingdom of Spain (Reino de España is a country located mostly in southwestern Europe on the Iberian Peninsula. Portugal, officially the Portuguese Republic (República Portuguesa is a country on the Iberian Peninsula. 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. Judicial review is the power of the courts to annul the acts of the executive and/or the legislative power where it finds them incompatible with a higher norm

Legal theory

Kelsen is considered one of the preeminent jurists of the 20th century. The twentieth century of the Common Era began on 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. Basic norm ( Grundnorm) is a concept created by Hans Kelsen, a Jurist and legal philosopher. The three major legal systems of the world today consist of civil law, Common law and Religious law. 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. Public law is a theory of law governing the relationship between Individuals ( Citizens companies) and the State. His disciples developed "schools" of thought to extend his theories, such as the Vienna School in Austria and the Brno School in Czechoslovakia. Austria (Österreich ( officially the Republic of Austria (Republik Österreich Czechoslovakia may also refer to what is now the Czech Republic and Slovakia. 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. Herbert Lionel Adolphus Hart (1907-1992 was an influential English-speaking legal philosopher of the twentieth century. Joseph Raz (יוסף רז 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. Carl Schmitt ( July 11 1888 April 7 1985) was a German Jurist, Political theorist, and professor of Law Sovereignty is the exclusive Right to control a Government, a country, a people or oneself 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]

See also

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

References

External links

• biographical note 1

• biographical note 2

• biographical note 3

• Critics

• bibliographical note

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