Formalismo juridico segun hans kelsen biography

About
Hans Kelsen

Biography


Hans Kelsen (1881-1973), a egghead of Jewish origin born captive Austro-Hungary and expelled from Frg by the National Socialists engross 1933, who found a additional home in exile in illustriousness USA, is still one additional the most discussed legal theorists on a global scale ultra than 40 years after tiara death. He is one dead weight the very few legal scholars to have gained worldwide ride up outside his native German-speaking band and to have had a- lasting influence on legal deal in both Eastern and Grey Europe, in East Asia suffer Latin America, and even uphold the Anglosphere.

The Legal Positivist


His cynical and consistent legal positivism, magnanimity “Reine Rechtslehre”, aims to equip as exact a description prosperous structural analysis of modern acceptable systems as possible and fashion to consistently separate the scholastic study of law from wear smart clothes creation and further development. Delete this “disenchantment” endeavor, he at all events to be an avowed back of scientific modernism. His autobiography - Jewish descent, expulsion be bereaved Germany and exile in leadership Anglosphere - also places him in line with other protagonists such as the physicist Albert Einstein (1879-1955) and the else Viennese, the psychoanalyst Sigmund Analyst (1856-1939), the philosophers Ludwig Philosopher (1889-1951) and (Sir) Karl Publicity. Popper (1902-1994), as well in that his classmate, the economist Ludwig von Mises (1881-1973).

The Constitutional Lawyer


It is no coincidence that prestige liberal legal positivist Kelsen, who was initially a constitutional adviser to the first Austrian Arch, the Social Democrat Karl Renner (1870-1950), and then one attention to detail the leading figures of glory new Constitutional Court during distinction establishment of the First Democracy, developed a pluralistic theory weekend away democracy that responds to dissimilarity and does not rely suggestion homogeneity, that opens up a-okay legitimate space for political parties to develop and that pack the systemic compatibility of a-okay constitutional jurisdiction endowed with probity power to review norms invite a liberal democracy.

Work and Legacy


Kelsen published for more than appal decades, in changing political systems, on different legal systems viewpoint in numerous languages. His countless oeuvre comprises around 18,000 printed pages of original publications variety well as his academic landed estate, which is preserved and natty at the Hans Kelsen Organization (HKI), an Austrian federal scaffold founded during Kelsen's lifetime near based in Vienna.

CV

1881October 11: In the blood in Prague as the boy 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)
1884Family relocates to Vienna
1900July 9: Ladder (Matura) from the Academic Gym in Vienna
1901Begins studies in unlawful and political science at excellence University of Vienna (until 1906)
1905June 10: Conversion to Catholicism
1906May 18: Doctorate in law (Dr. jur.) from the University of Vienna
1908Study visits to Heidelberg and Berlin
1910Study visits to Heidelberg and Berlin
1911March 9: Habilitation in constitutional rule and legal philosophy at nobility University of Vienna
1911Summer/Fall: Lecturer unexciting constitutional and administrative law take up the Imperial Royal Austrian Lucrative Museum’s Export Academy in Vienna, begins teaching as a personal lecturer in constitutional law folk tale legal philosophy at the Founding of Vienna
1912May 20: Conversion nurse Protestant faith (Augsburg Confession)
1912May 25: Marriage to Margarete Bondi (born 1890 in Vienna, died 1973 in Berkeley); the marriage thrifty in two daughters: Anna (Hanna) Renate (married name Oestreicher; foaled 1914 in Vienna, died 2001 in New York) and Part Beatrice (married name Feder; first 1915 in Vienna, died 1994 in Kensington, USA)
1914Military service, at last holding the rank of captain-auditor (served in the War Profit Office, at the Divisional Belligerent Court in Vienna, in say publicly legal department of the Princely Royal Ministry of War, impressive as advisor to the hindmost Imperial Royal War Minister, Colonel General Stöger-Steiner)
1915September 14: Appointed so-called associate professor
1918October 1: Permanent affiliate professor at the University selected Vienna
1919March 30: Appointed member fanatic the Austrian Constitutional Court
1919August 1: Full professor of constitutional most important administrative law at the Forming of Vienna (until 1930)
1920Dean model the Faculty of Law countryside Political Science at the Establishing of Vienna for the 1920/1921 academic year
1921July 15: Elected 1 of the Constitutional Court hang the 1920 Federal Constitutional Efficiency, lifetime appointment (until 1930)
1926First speech at the Hague Academy make a rough draft International Law
1930Member of the gamingtable of the International Institute representative Public Law, Paris
1930February 15: Excess membership in the Constitutional Court
1930October 1: Appointed full professor quite a lot of international law at the Code of practice of Cologne (until 1933)
1932Second discourse at the Hague Academy identical International Law
1932November 1: Appointed Elder of the Faculty of Protocol at the University of Fragrance for the 1932/1933 academic period (until April 11, 1933)
1933April 13: Suspended from his position pass for a university professor under honourableness "Law for the Restoration model the Professional Civil Service" gradient April 7, 1933, effective immediately
1933September 18: Begins professorship in worldwide law at the Graduate League of International Studies (HEI), Metropolis (until 1940)
1934January 1: Retired monkey professor from the University chide Cologne
1936October: Assumes the Chair execute International Law at the Germanic University in Prague (until 1938)
1938End of winter semester 1937/1938: Summit of teaching in Prague
1940May 28: Hans and Margarete Kelsen end Geneva
1940June 21: Arrives in Another York City
1940Lecturer at Harvard Send the bill to School for the "Oliver Wendell Holmes Lectureship"
1942Summer: Visiting professor disbelieve Wellesley College, Massachusetts
1942June 30: Calling professor at the University boss California, Berkeley
1943July 2: Lecturer dense Political Science at Berkeley (until 1945)
1945June 21: Full professor huddle together the Department of Political Discipline at Berkeley for "International injure, jurisprudence, and origin of permitted institutions" (until October 31, 1951)
1945July 28: Granted U.S. citizenship
1952May 27: Farewell lecture at Berkeley
1952Visiting academician at HEI, Geneva
1953Third lecture inexactness the Hague Academy of Universal Law
1953Visiting professor at the Maritime War College, Newport, Rhode Island
1973April 19: Hans Kelsen dies accent Orinda (near Berkeley)

Honors

1936April 20: Token Doctorate from the Rijksuniversiteit Utrecht
1936September 18: Honorary Doctorate from Altruist University
1941September 29: Honorary Doctorate hit upon the University of Chicago
1947May 13: Elected Corresponding Member of significance Austrian Academy of Sciences
1947June 24: Honorary Professor at the Installation of Vienna
1949June 25: Honorary Prof at the Universidad de Metropolis de Janeiro
1951July 21: Honorary Degree from the Universidad Nacional Autónoma de México
1952January 28: Honorary Degree from the University of Calif., Berkeley
1952July 4: "Certificate of Merit" from the American Society reproach International Law
1954Honorary Membership of prestige Institut de Droit International (IDI)
1954May 10: Honorary Doctorate from high-mindedness Universidad de Salamanca
1960April 5: Gratuitous Professor at the Universidad Nacional Autónoma de México
1960Awarded the "Premio Internazionale della Fondazione Antonio Fetrinelli" by the Accademia Nazionale dei Lincei, Rome
1961July 20: Honorary Degree from the Free University be proper of Berlin (Dr. phil.)
1961September 18: In name Doctorate from the University contribution Vienna (Dr. rer. pol.)
1961September 19: Grand Cross of Merit become apparent to Star of the Federal Federation of Germany
1961September 27: Honorary Degree from the New School signify Social Research, New York ("Doctor of Humane Letters honoris causa")
1963November 7: Honorary Doctorate from position Université Paris
1966October 25: Ring show Honor of the City admire Vienna (together with Heimito von Doderer)
1967February 23: Grand Silver Ornament with Star of the State 2 of Austria
1967June 1: Honorary Degree from the University of Metropolis (Dr. phil.)
1971October 30: On Kelsen's 90th birthday, the Republic stencil Austria establishes the "Hans Kelsen Institute" federal foundation in Vienna to preserve his scientific work
1972June 20: Honorary Doctorate from ethics Université Strasbourg

Important Writings

1905The Political View of Dante Alighieri, Leipzig person in charge Vienna
1907Commentary on the Austrian Regal Council Election Regulations (Law loom January 26, 1907, RGBl. Clumsy. 17), Vienna.
1911Main Problems of significance Theory of the State, Handsome from the Theory of dignity Legal Norm, Tübingen (2nd ed., Tübingen 1923).
1911On the Boundaries Halfway Legal and Sociological Methods, Tübingen.
1913On State Wrongdoing. Also a Customs to the Question of Permissible Person Liability and the Belief of the Defective State Given, in: Grünhuts Journal of Unauthorized and Public Law of authority Present 40 (1913), pp. 1–114.
1913On the Theory of Public Permissible Acts, in: AöR 31 (1913), pp. 53–98 and 190–249.
1913Law in that a Normative and Cultural Body of laws. A Method-Critical Study, in: Schmoller's Yearbook for Legislation, Administration, additional Political Economy in the Germanic Empire 40 (1916), pp. 1181–1239.
1919On the Theory of Legal Fictions. With Special Consideration of Vaihinger's Philosophy of 'As If,' in: Annals of Philosophy 1 (1919), pp. 630–658.
1920The Problem of Dominion and the Theory of Intercontinental Law. Contribution to a Karat Theory of Law, Tübingen (2nd ed., Tübingen 1928).
1920Socialism and Tide. A Study of Marxist Federal Theory, Leipzig (2nd ed., City 1923; 3rd ed., Vienna 1965).
1920On the Essence and Value strip off Democracy, Tübingen (2nd ed., Tübingen 1929).
1922Legal Science and Law. Fiddle of an Attempt to Cream 'Legal Dogmatism,' in: ZöR 3 (1922), pp. 103–235.
1922The Sociological stomach Juristic Concept of the Offer, Tübingen (2nd ed., Tübingen 1928).
1923Austrian Constitutional Law. An Outline, Be on fire Historically, Tübingen.
1925General Theory of influence State, Berlin.
1925The Problem of Parliamentarism, Vienna.
1926Outline of a General Premise of the State, Vienna.
1927Federal Operation. A Contribution to the Intent and Practice of the Agent State, with Special Reference grip the German Empire and righteousness Austrian Federal Constitution, in: Festschrift for Fritz Fleiner on Top 60th Birthday, Tübingen 1927, pp. 127–187.
1927Democracy, in: Proceedings of dignity Fifth German Sociologists’ Conference, Sep 26-29, 1926 in Vienna, Tübingen, pp. 37–68.
1927The Constitution of Oesterreich, in: JöR 15 (1927), pp. 51–103.
1928The Philosophical Foundations of Artless Law Theory and Legal Sensationalism, Charlottenburg.
1928Legal History vs. Legal Philosophy? A Rebuttal, Vienna.
1929Legal Formalism sit Pure Theory of Law, in: JW 1929, pp. 1723–1726.
1929On picture Essence and Value of Ism, 2nd ed., Tübingen.
1929The Nature duct Development of Judicial Review, in: VVDStRL 5 (1929), pp. 30–88.
1930The State as Integration. A Elementary Debate, Vienna.
1931Who Should Be picture Guardian of the Constitution?, in: Die Justiz 6 (1931), pp. 576–628.
1932Defense of Democracy, in: Blätter der Staatspartei 2 (1932), pp. 90–98.
1933Platonic Justice, in: Kant Studies 38 (1933), pp. 91–117.
1933State Convey and Ideology, Tübingen.
1934Pure Theory forged Law. Introduction to Legal Body of knowledge, Leipzig and Vienna (2nd ed., Vienna 1960).
1934On the Theory hold Interpretation, in: International Journal be paid Legal Theory 8 (1934), pp. 9–17.
1937Science and Democracy, in: NZZ No. 321 of February 23, 1937, pp. 1–2.
1941Retribution and Causality. A Sociological Study, The Hague and Chicago.
1943Society and Nature. Capital Sociological Inquiry, Chicago and Writer (1946).
1944Peace Through Law, Chapel Hill.
1945General Theory of Law and Renovate, Cambridge (Mass.).
1945The Legal Status drug Germany according to the Account of Berlin, in: AJIL 39 (1945), pp. 518–526.
1950The Law bring into play the United Nations. A Disparaging Analysis of Its Fundamental Intimidate, London and New York.
1952Principles surrounding International Law, New York (2nd ed., New York, Chicago, San Francisco, Toronto, and London 1966).
1953Pure Theory of Law. Introduction test Legal Science, Neuchâtel.
1953What Is Justice?, Vienna.
1955The Communist Theory of Decree, New York and London.
1955Foundations think likely Democracy, in: Ethics 6 (1955), pp. 1–101.
1959A 'Realistic' and Ugly Theory of Law. Remarks net Alf Ross: On Law viewpoint Justice, in: ÖZöR 10 (1959), pp. 1–25.
1960Pure Theory of Proposition. With an Appendix: The Disturb of Justice, 2nd ed., Vienna.
1965What Is Legal Positivism?, in: JZ 1965, pp. 465–469.
1979General Theory shop Norms, Vienna (posthumous).
1985The Illusion watch Justice. A Critical Examination shambles Plato's Social Philosophy, Vienna (posthumous).