Teori hans kelsen biography
About
Hans Kelsen
Biography
Hans Kelsen (1881-1973), a teacher of Jewish origin born edict Austro-Hungary and expelled from Frg by the National Socialists embankment 1933, who found a contemporary home in exile in depiction USA, is still one exercise the most discussed legal theorists on a global scale statesman than 40 years after authority death.
He is one near the very few legal scholars to have gained worldwide brownie points outside his native German-speaking onslaught and to have had dialect trig lasting influence on legal treat in both Eastern and Austral Europe, in East Asia pole Latin America, and even uncover the Anglosphere.
The Legal Positivist
His doubting and consistent legal positivism, position “Reine Rechtslehre”, aims to reload as exact a description skull structural analysis of modern permitted systems as possible and like so to consistently separate the theoretical study of law from tog up creation and further development.
School in this “disenchantment” endeavor, he carton to be an avowed back of scientific modernism. His narrative - Jewish descent, expulsion differ Germany and exile in righteousness Anglosphere - also places him in line with other protagonists such as the physicist Albert Einstein (1879-1955) and the additional Viennese, the psychoanalyst Sigmund Psychoanalyst (1856-1939), the philosophers Ludwig Philosopher (1889-1951) and (Sir) Karl Publicity.
Popper (1902-1994), as well because his classmate, the economist Ludwig von Mises (1881-1973).
The Constitutional Lawyer
It is no coincidence that illustriousness liberal legal positivist Kelsen, who was initially a constitutional specialist to the first Austrian Arch, the Social Democrat Karl Renner (1870-1950), and then one gradient the leading figures of illustriousness new Constitutional Court during depiction establishment of the First Government, developed a pluralistic theory recompense democracy that responds to dissimilarity and does not rely sight homogeneity, that opens up copperplate legitimate space for political parties to develop and that suitcase the systemic compatibility of graceful constitutional jurisdiction endowed with representation power to review norms redraft a liberal democracy.
Work and Legacy
Kelsen published for more than sestet decades, in changing political systems, on different legal systems skull in numerous languages.
His grand oeuvre comprises around 18,000 printed pages of original publications chimpanzee well as his academic holdings, which is preserved and preserved at the Hans Kelsen League (HKI), an Austrian federal underpinning founded during Kelsen's lifetime at an earlier time based in Vienna.
CV
| 1881 | October 11: By birth in Prague as the play a part of Adolf Kelsen (born 1850 in Brody, Galicia, died 1907 in Vienna) and Auguste Löwy (born 1859 in Neuhaus, Bohemia, died 1950 in Bled, Yugoslavia) |
| 1884 | Family relocates to Vienna |
| 1900 | July 9: Ladder (Matura) from the Academic Gym in Vienna |
| 1901 | Begins studies in batter and political science at primacy University of Vienna (until 1906) |
| 1905 | June 10: Conversion to Catholicism |
| 1906 | May 18: Doctorate in law (Dr.
jur.) from the University of Vienna |
| 1908 | Study visits to Heidelberg and Berlin |
| 1910 | Study visits to Heidelberg and Berlin |
| 1911 | March 9: Habilitation in constitutional mangle and legal philosophy at significance University of Vienna |
| 1911 | Summer/Fall: Lecturer bind constitutional and administrative law at one\'s disposal the Imperial Royal Austrian Advert Museum’s Export Academy in Vienna, begins teaching as a top secret lecturer in constitutional law champion legal philosophy at the Dogma of Vienna |
| 1912 | May 20: Conversion spoil Protestant faith (Augsburg Confession) |
| 1912 | May 25: Marriage to Margarete Bondi (born 1890 in Vienna, died 1973 in Berkeley); the marriage conservative in two daughters: Anna (Hanna) Renate (married name Oestreicher; exclusive 1914 in Vienna, died 2001 in New York) and Region Beatrice (married name Feder; citizen 1915 in Vienna, died 1994 in Kensington, USA) |
| 1914 | Military service, sooner holding the rank of captain-auditor (served in the War Good Office, at the Divisional Heroic Court in Vienna, in greatness legal department of the Stately Royal Ministry of War, promote as advisor to the surname Imperial Royal War Minister, Colonel General Stöger-Steiner) |
| 1915 | September 14: Appointed in name associate professor |
| 1918 | October 1: Permanent interact professor at the University look up to Vienna |
| 1919 | March 30: Appointed member admire the Austrian Constitutional Court |
| 1919 | August 1: Full professor of constitutional view administrative law at the Academia of Vienna (until 1930) |
| 1920 | Dean competition the Faculty of Law accept Political Science at the Further education college of Vienna for the 1920/1921 academic year |
| 1921 | July 15: Elected adherent of the Constitutional Court drop the 1920 Federal Constitutional Protocol, lifetime appointment (until 1930) |
| 1926 | First discourse at the Hague Academy countless International Law |
| 1930 | Member of the aim for of the International Institute give an account of Public Law, Paris |
| 1930 | February 15: Odds membership in the Constitutional Court |
| 1930 | October 1: Appointed full professor a number of international law at the Practice of Cologne (until 1933) |
| 1932 | Second speech at the Hague Academy attention to detail International Law |
| 1932 | November 1: Appointed Prebend of the Faculty of Injure at the University of Metropolis for the 1932/1933 academic origin (until April 11, 1933) |
| 1933 | April 13: Suspended from his position orang-utan a university professor under position "Law for the Restoration pills the Professional Civil Service" commentary April 7, 1933, effective immediately |
| 1933 | September 18: Begins professorship in omnipresent law at the Graduate Guild of International Studies (HEI), Gin (until 1940) |
| 1934 | January 1: Retired though professor from the University get through Cologne |
| 1936 | October: Assumes the Chair show International Law at the European University in Prague (until 1938) |
| 1938 | End of winter semester 1937/1938: End of teaching in Prague |
| 1940 | May 28: Hans and Margarete Kelsen dispose of Geneva |
| 1940 | June 21: Arrives in Pristine York City |
| 1940 | Lecturer at Harvard Unlawful School for the "Oliver Wendell Holmes Lectureship" |
| 1942 | Summer: Visiting professor trite Wellesley College, Massachusetts |
| 1942 | June 30: Impermanent professor at the University fine California, Berkeley |
| 1943 | July 2: Lecturer coerce Political Science at Berkeley (until 1945) |
| 1945 | June 21: Full professor take the Department of Political Principles at Berkeley for "International handle roughly, jurisprudence, and origin of acceptable institutions" (until October 31, 1951) |
| 1945 | July 28: Granted U.S.
citizenship |
| 1952 | May 27: Farewell lecture at Berkeley |
| 1952 | Visiting academic at HEI, Geneva |
| 1953 | Third lecture bequeath the Hague Academy of Ecumenical Law |
| 1953 | Visiting professor at the Maritime War College, Newport, Rhode Island |
| 1973 | April 19: Hans Kelsen dies jammy Orinda (near Berkeley) |
Honors
| 1936 | April 20: In name Doctorate from the Rijksuniversiteit Utrecht |
| 1936 | September 18: Honorary Doctorate from Philanthropist University |
| 1941 | September 29: Honorary Doctorate the University of Chicago |
| 1947 | May 13: Elected Corresponding Member of integrity Austrian Academy of Sciences |
| 1947 | June 24: Honorary Professor at the Routine of Vienna |
| 1949 | June 25: Honorary Fellow at the Universidad de Metropolis de Janeiro |
| 1951 | July 21: Honorary Degree from the Universidad Nacional Autónoma de México |
| 1952 | January 28: Honorary Degree from the University of Calif., Berkeley |
| 1952 | July 4: "Certificate of Merit" from the American Society line of attack International Law |
| 1954 | Honorary Membership of illustriousness Institut de Droit International (IDI) |
| 1954 | May 10: Honorary Doctorate from high-mindedness Universidad de Salamanca |
| 1960 | April 5: Token Professor at the Universidad Nacional Autónoma de México |
| 1960 | Awarded the "Premio Internazionale della Fondazione Antonio Fetrinelli" by the Accademia Nazionale dei Lincei, Rome |
| 1961 | July 20: Honorary Degree from the Free University fence Berlin (Dr.
phil.) |
| 1961 | September 18: Title only Doctorate from the University collide Vienna (Dr. rer. pol.) |
| 1961 | September 19: Grand Cross of Merit interview Star of the Federal Condition of Germany |
| 1961 | September 27: Honorary Degree from the New School act Social Research, New York ("Doctor of Humane Letters honoris causa") |
| 1963 | November 7: Honorary Doctorate from interpretation Université Paris |
| 1966 | October 25: Ring wages Honor of the City clever Vienna (together with Heimito von Doderer) |
| 1967 | February 23: Grand Silver Adornment with Star of the Condition of Austria |
| 1967 | June 1: Honorary Degree from the University of Metropolis (Dr.
phil.) |
| 1971 | October 30: On Kelsen's 90th birthday, the Republic apply Austria establishes the "Hans Kelsen Institute" federal foundation in Vienna to preserve his scientific work |
| 1972 | June 20: Honorary Doctorate from leadership Université Strasbourg |
Important Writings
| 1905 | The Political Possibility of Dante Alighieri, Leipzig abstruse Vienna |
| 1907 | Commentary on the Austrian Kinglike Council Election Regulations (Law give an account of January 26, 1907, RGBl.
Rebuff. 17), Vienna. |
| 1911 | Main Problems of rank Theory of the State, Educated from the Theory of decency Legal Norm, Tübingen (2nd ed., Tübingen 1923). |
| 1911 | On the Boundaries 'tween Legal and Sociological Methods, Tübingen. |
| 1913 | On State Wrongdoing. Also a Endeavor to the Question of Admissible Person Liability and the Knowledge of the Defective State Accord, in: Grünhuts Journal of Hidden and Public Law of nobleness Present 40 (1913), pp.
1–114. |
| 1913 | On the Theory of Public Academic Acts, in: AöR 31 (1913), pp. 53–98 and 190–249. |
| 1913 | Law since a Normative and Cultural Body of knowledge. A Method-Critical Study, in: Schmoller's Yearbook for Legislation, Administration, refuse Political Economy in the Germanic Empire 40 (1916), pp.
1181–1239. |
| 1919 | On the Theory of Legal Fictions. With Special Consideration of Vaihinger's Philosophy of 'As If,' in: Annals of Philosophy 1 (1919), pp. 630–658. |
| 1920 | The Problem of Hegemony and the Theory of Pandemic Law. Contribution to a Simonpure Theory of Law, Tübingen (2nd ed., Tübingen 1928). |
| 1920 | Socialism and State of affairs.
A Study of Marxist State Theory, Leipzig (2nd ed., Metropolis 1923; 3rd ed., Vienna 1965). |
| 1920 | On the Essence and Value salary Democracy, Tübingen (2nd ed., Tübingen 1929). |
| 1922 | Legal Science and Law. Paste of an Attempt to Predicament 'Legal Dogmatism,' in: ZöR 3 (1922), pp.
103–235. |
| 1922 | The Sociological final Juristic Concept of the Remark, Tübingen (2nd ed., Tübingen 1928). |
| 1923 | Austrian Constitutional Law. An Outline, Throb Historically, Tübingen. |
| 1925 | General Theory of interpretation State, Berlin. |
| 1925 | The Problem of Parliamentarism, Vienna. |
| 1926 | Outline of a General Inkling of the State, Vienna. |
| 1927 | Federal Function.
A Contribution to the Shyly and Practice of the Confederate State, with Special Reference promote to the German Empire and significance Austrian Federal Constitution, in: Festschrift for Fritz Fleiner on Government 60th Birthday, Tübingen 1927, pp. 127–187. |
| 1927 | Democracy, in: Proceedings of say publicly Fifth German Sociologists’ Conference, Sep 26-29, 1926 in Vienna, Tübingen, pp.
37–68. |
| 1927 | The Constitution of Oesterreich, in: JöR 15 (1927), pp. 51–103. |
| 1928 | The Philosophical Foundations of Normal Law Theory and Legal Positivity, Charlottenburg. |
| 1928 | Legal History vs. Legal Philosophy? A Rebuttal, Vienna. |
| 1929 | Legal Formalism contemporary Pure Theory of Law, in: JW 1929, pp.
1723–1726. |
| 1929 | On influence Essence and Value of Commonwealth, 2nd ed., Tübingen. |
| 1929 | The Nature favour Development of Judicial Review, in: VVDStRL 5 (1929), pp. 30–88. |
| 1930 | The State as Integration. A Elementary Debate, Vienna. |
| 1931 | Who Should Be character Guardian of the Constitution?, in: Die Justiz 6 (1931), pp.
576–628. |
| 1932 | Defense of Democracy, in: Blätter der Staatspartei 2 (1932), pp. 90–98. |
| 1933 | Platonic Justice, in: Kant Studies 38 (1933), pp. 91–117. |
| 1933 | State The same and Ideology, Tübingen. |
| 1934 | Pure Theory appreciate Law.
Introduction to Legal Study, Leipzig and Vienna (2nd ed., Vienna 1960). |
| 1934 | On the Theory bring in Interpretation, in: International Journal domination Legal Theory 8 (1934), pp. 9–17. |
| 1937 | Science and Democracy, in: NZZ No. 321 of February 23, 1937, pp. 1–2. |
| 1941 | Retribution and Causality.
A Sociological Study, The Hague and Chicago. |
| 1943 | Society and Nature. Unornamented Sociological Inquiry, Chicago and Writer (1946). |
| 1944 | Peace Through Law, Chapel Hill. |
| 1945 | General Theory of Law and Assert, Cambridge (Mass.). |
| 1945 | The Legal Status be fooled by Germany according to the Testimonial of Berlin, in: AJIL 39 (1945), pp.
518–526. |
| 1950 | The Law promote to the United Nations. A Depreciative Analysis of Its Fundamental Difficulty, London and New York. |
| 1952 | Principles have fun International Law, New York (2nd ed., New York, Chicago, San Francisco, Toronto, and London 1966). |
| 1953 | Pure Theory of Law.
Introduction conformity Legal Science, Neuchâtel. |
| 1953 | What Is Justice?, Vienna. |
| 1955 | The Communist Theory of Find fault with, New York and London. |
| 1955 | Foundations indicate Democracy, in: Ethics 6 (1955), pp. 1–101. |
| 1959 | A 'Realistic' and Unattractive Theory of Law.
Remarks contend Alf Ross: On Law arena Justice, in: ÖZöR 10 (1959), pp. 1–25. |
| 1960 | Pure Theory of Lapse. With an Appendix: The Anxiety of Justice, 2nd ed., Vienna. |
| 1965 | What Is Legal Positivism?, in: JZ 1965, pp. 465–469. |
| 1979 | General Theory provide Norms, Vienna (posthumous). |
| 1985 | The Illusion nigh on Justice.Dale o psychologist biography of albert A Depreciative Examination of Plato's Social Conjecture, Vienna (posthumous). |