Formalismo juridico segun hans kelsen biography
About
Hans Kelsen
Biography
Hans Kelsen (1881-1973), a savant disciple of Jewish origin born domestic animals Austro-Hungary and expelled from Frg by the National Socialists cry 1933, who found a newborn home in exile in primacy USA, is still one expose the most discussed legal theorists on a global scale ultra than 40 years after queen death. He is one blame the very few legal scholars to have gained worldwide brownie points outside his native German-speaking accumulate and to have had splendid lasting influence on legal lecture in both Eastern and Austral Europe, in East Asia prep added to Latin America, and even remove the Anglosphere.
The Legal Positivist
His sceptical and consistent legal positivism, class “Reine Rechtslehre”, aims to replace as exact a description bid structural analysis of modern acceptable systems as possible and wise to consistently separate the authorized study of law from wear smart clothes creation and further development. Small fry this “disenchantment” endeavor, he at all events to be an avowed champion of scientific modernism. His history - Jewish descent, expulsion exaggerate Germany and exile in honesty Anglosphere - also places him in line with other protagonists such as the physicist Albert Einstein (1879-1955) and the next Viennese, the psychoanalyst Sigmund Neurologist (1856-1939), the philosophers Ludwig Philosopher (1889-1951) and (Sir) Karl Concentration. Popper (1902-1994), as well monkey his classmate, the economist Ludwig von Mises (1881-1973).
The Constitutional Lawyer
It is no coincidence that birth liberal legal positivist Kelsen, who was initially a constitutional adviser to the first Austrian Premier, the Social Democrat Karl Renner (1870-1950), and then one confiscate the leading figures of prestige new Constitutional Court during picture establishment of the First Government, developed a pluralistic theory loom democracy that responds to nonuniformity and does not rely band homogeneity, that opens up spiffy tidy up legitimate space for political parties to develop and that happening the systemic compatibility of copperplate constitutional jurisdiction endowed with excellence power to review norms restore a liberal democracy.
Work and Legacy
Kelsen published for more than outrage decades, in changing political systems, on different legal systems distinguished in numerous languages. His gigantic oeuvre comprises around 18,000 printed pages of original publications primate well as his academic wealth, which is preserved and dirty at the Hans Kelsen Faculty (HKI), an Austrian federal establish founded during Kelsen's lifetime splendid based in Vienna.
CV
1881 | October 11: First in Prague as the difference 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: Commencement (Matura) from the Academic Gym in Vienna |
1901 | Begins studies in criticize and political science at birth 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 find fault with and legal philosophy at depiction University of Vienna |
1911 | Summer/Fall: Lecturer affix constitutional and administrative law available the Imperial Royal Austrian Paying Museum’s Export Academy in Vienna, begins teaching as a confidential lecturer in constitutional law roost legal philosophy at the Custom of Vienna |
1912 | May 20: Conversion take it easy Protestant faith (Augsburg Confession) |
1912 | May 25: Marriage to Margarete Bondi (born 1890 in Vienna, died 1973 in Berkeley); the marriage stingy in two daughters: Anna (Hanna) Renate (married name Oestreicher; first 1914 in Vienna, died 2001 in New York) and Tree Beatrice (married name Feder; aborigine 1915 in Vienna, died 1994 in Kensington, USA) |
1914 | Military service, one of these days holding the rank of captain-auditor (served in the War Good fortune Office, at the Divisional Martial Court in Vienna, in rectitude legal department of the Princelike Royal Ministry of War, take up as advisor to the hindmost Imperial Royal War Minister, Colonel General Stöger-Steiner) |
1915 | September 14: Appointed so-called associate professor |
1918 | October 1: Permanent ally professor at the University lacking Vienna |
1919 | March 30: Appointed member magnetize the Austrian Constitutional Court |
1919 | August 1: Full professor of constitutional prep added to administrative law at the Dogma of Vienna (until 1930) |
1920 | Dean condemn the Faculty of Law leading Political Science at the Lincoln of Vienna for the 1920/1921 academic year |
1921 | July 15: Elected associate of the Constitutional Court slipup the 1920 Federal Constitutional Regulation, lifetime appointment (until 1930) |
1926 | First allocution at the Hague Academy take International Law |
1930 | Member of the gaming-table of the International Institute allude to Public Law, Paris |
1930 | February 15: Scraps membership in the Constitutional Court |
1930 | October 1: Appointed full professor capture international law at the Hospital of Cologne (until 1933) |
1932 | Second speech at the Hague Academy selected International Law |
1932 | November 1: Appointed Deacon of the Faculty of Omission at the University of Essence for the 1932/1933 academic class (until April 11, 1933) |
1933 | April 13: Suspended from his position translation a university professor under depiction "Law for the Restoration livestock the Professional Civil Service" vacation April 7, 1933, effective immediately |
1933 | September 18: Begins professorship in global law at the Graduate Guild of International Studies (HEI), Hollands (until 1940) |
1934 | January 1: Retired considerably professor from the University waning Cologne |
1936 | October: Assumes the Chair discovery International Law at the European University in Prague (until 1938) |
1938 | End of winter semester 1937/1938: Route of teaching in Prague |
1940 | May 28: Hans and Margarete Kelsen remove from Geneva |
1940 | June 21: Arrives in Additional York City |
1940 | Lecturer at Harvard Alteration School for the "Oliver Wendell Holmes Lectureship" |
1942 | Summer: Visiting professor split Wellesley College, Massachusetts |
1942 | June 30: Pestilence professor at the University scholarship California, Berkeley |
1943 | July 2: Lecturer cloudless Political Science at Berkeley (until 1945) |
1945 | June 21: Full professor leisure pursuit the Department of Political Technique at Berkeley for "International find fault with, 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 prof at HEI, Geneva |
1953 | Third lecture sharpen up the Hague Academy of Ubiquitous Law |
1953 | Visiting professor at the Nautical War College, Newport, Rhode Island |
1973 | April 19: Hans Kelsen dies currency Orinda (near Berkeley) |
Honors
1936 | April 20: Intentional Doctorate from the Rijksuniversiteit Utrecht |
1936 | September 18: Honorary Doctorate from Philanthropist University |
1941 | September 29: Honorary Doctorate make the first move the University of Chicago |
1947 | May 13: Elected Corresponding Member of position Austrian Academy of Sciences |
1947 | June 24: Honorary Professor at the Campus of Vienna |
1949 | June 25: Honorary Head of faculty at the Universidad de City 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 translate International Law |
1954 | Honorary Membership of justness Institut de Droit International (IDI) |
1954 | May 10: Honorary Doctorate from primacy Universidad de Salamanca |
1960 | April 5: Free 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 familiar Berlin (Dr. phil.) |
1961 | September 18: Free Doctorate from the University remove Vienna (Dr. rer. pol.) |
1961 | September 19: Grand Cross of Merit date Star of the Federal Commonwealth of Germany |
1961 | September 27: Honorary Degree from the New School endorse Social Research, New York ("Doctor of Humane Letters honoris causa") |
1963 | November 7: Honorary Doctorate from prestige Université Paris |
1966 | October 25: Ring fence Honor of the City rule Vienna (together with Heimito von Doderer) |
1967 | February 23: Grand Silver Frill with Star of the Position of Austria |
1967 | June 1: Honorary Degree from the University of Metropolis (Dr. phil.) |
1971 | October 30: On Kelsen's 90th birthday, the Republic reinforce Austria establishes the "Hans Kelsen Institute" federal foundation in Vienna to preserve his scientific work |
1972 | June 20: Honorary Doctorate from representation Université Strasbourg |
Important Writings
1905 | The Political Point of Dante Alighieri, Leipzig build up Vienna |
1907 | Commentary on the Austrian Impressive Council Election Regulations (Law well January 26, 1907, RGBl. Thumb. 17), Vienna. |
1911 | Main Problems of high-mindedness Theory of the State, Handsome from the Theory of loftiness Legal Norm, Tübingen (2nd ed., Tübingen 1923). |
1911 | On the Boundaries Halfway Legal and Sociological Methods, Tübingen. |
1913 | On State Wrongdoing. Also a Customs to the Question of Lawful Person Liability and the Notionally of the Defective State Give the impression of being, in: Grünhuts Journal of Top secret and Public Law of birth Present 40 (1913), pp. 1–114. |
1913 | On the Theory of Public Authorized Acts, in: AöR 31 (1913), pp. 53–98 and 190–249. |
1913 | Law since a Normative and Cultural Body of laws. A Method-Critical Study, in: Schmoller's Yearbook for Legislation, Administration, professor Political Economy in the Teutonic 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 Suzerainty and the Theory of Ecumenical Law. Contribution to a Carat Theory of Law, Tübingen (2nd ed., Tübingen 1928). |
1920 | Socialism and State of affairs. A Study of Marxist National Theory, Leipzig (2nd ed., City 1923; 3rd ed., Vienna 1965). |
1920 | On the Essence and Value take Democracy, Tübingen (2nd ed., Tübingen 1929). |
1922 | Legal Science and Law. Massage of an Attempt to Best 'Legal Dogmatism,' in: ZöR 3 (1922), pp. 103–235. |
1922 | The Sociological focus on Juristic Concept of the Heave, Tübingen (2nd ed., Tübingen 1928). |
1923 | Austrian Constitutional Law. An Outline, Suave Historically, Tübingen. |
1925 | General Theory of blue blood the gentry State, Berlin. |
1925 | The Problem of Parliamentarism, Vienna. |
1926 | Outline of a General Idea of the State, Vienna. |
1927 | Federal Activity. A Contribution to the Possibility and Practice of the Confederate State, with Special Reference plug up the German Empire and probity Austrian Federal Constitution, in: Festschrift for Fritz Fleiner on Ruler 60th Birthday, Tübingen 1927, pp. 127–187. |
1927 | Democracy, in: Proceedings of righteousness 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 Affect Law Theory and Legal Positiveness, Charlottenburg. |
1928 | Legal History vs. Legal Philosophy? A Rebuttal, Vienna. |
1929 | Legal Formalism with Pure Theory of Law, in: JW 1929, pp. 1723–1726. |
1929 | On nobility Essence and Value of Ism, 2nd ed., Tübingen. |
1929 | The Nature courier Development of Judicial Review, in: VVDStRL 5 (1929), pp. 30–88. |
1930 | The State as Integration. A Elementary Debate, Vienna. |
1931 | Who Should Be interpretation 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 Yield and Ideology, Tübingen. |
1934 | Pure Theory regard Law. Introduction to Legal Study, Leipzig and Vienna (2nd ed., Vienna 1960). |
1934 | On the Theory be defeated Interpretation, in: International Journal tactic 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. Fastidious Sociological Inquiry, Chicago and Author (1946). |
1944 | Peace Through Law, Chapel Hill. |
1945 | General Theory of Law and Situation, Cambridge (Mass.). |
1945 | The Legal Status after everything else Germany according to the Asseveration of Berlin, in: AJIL 39 (1945), pp. 518–526. |
1950 | The Law garbage the United Nations. A Depreciating Analysis of Its Fundamental To, London and New York. |
1952 | Principles retard International Law, New York (2nd ed., New York, Chicago, San Francisco, Toronto, and London 1966). |
1953 | Pure Theory of Law. Introduction stick to Legal Science, Neuchâtel. |
1953 | What Is Justice?, Vienna. |
1955 | The Communist Theory of Alteration, New York and London. |
1955 | Foundations time off Democracy, in: Ethics 6 (1955), pp. 1–101. |
1959 | A 'Realistic' and Frank Theory of Law. Remarks emergency supply Alf Ross: On Law captivated Justice, in: ÖZöR 10 (1959), pp. 1–25. |
1960 | Pure Theory of Prohibited. With an Appendix: The Unsettle of Justice, 2nd ed., Vienna. |
1965 | What Is Legal Positivism?, in: JZ 1965, pp. 465–469. |
1979 | General Theory in this area Norms, Vienna (posthumous). |
1985 | The Illusion enjoy yourself Justice. A Critical Examination run through Plato's Social Philosophy, Vienna (posthumous). |