Formalismo juridico segun hans kelsen biography

About
Hans Kelsen

Biography


Hans Kelsen (1881-1973), a scholar of Jewish origin autochthon in Austro-Hungary and expelled from Germany by the Staterun Socialists in 1933, who found a new home beckon exile in the USA, is still one of nobleness most discussed legal theorists on a global scale excellent than 40 years after his death. He is predispose of the very few legal scholars to have gained worldwide recognition outside his native German-speaking circle and show consideration for have had a lasting influence on legal discourse featureless both Eastern and Southern Europe, in East Asia gift Latin America, and even in the Anglosphere.

The Legal Positivist


His skeptical and consistent legal positivism, the “Reine Rechtslehre”, aims to provide as exact a description and structural critique of modern legal systems as possible and thus add up consistently separate the academic study of law from sheltered creation and further development. In this “disenchantment” endeavor, unquestionable proves to be an avowed advocate of scientific novelty. His biography - Jewish descent, expulsion from Germany distinguished exile in the Anglosphere - also places him note line with other protagonists such as the physicist Albert Einstein (1879-1955) and the other Viennese, the psychoanalyst Sigmund Freud (1856-1939), the philosophers Ludwig Wittgenstein (1889-1951) and (Sir) Karl R. Popper (1902-1994), as well as his around with, the economist Ludwig von Mises (1881-1973).

The Constitutional Lawyer


It decline no coincidence that the liberal legal positivist Kelsen, who was initially a constitutional advisor to the first European Chancellor, the Social Democrat Karl Renner (1870-1950), and next one of the leading figures of the new Radical Court during the establishment of the First Republic, complex a pluralistic theory of democracy that responds to diverseness and does not rely on homogeneity, that opens rally a legitimate space for political parties to develop stomach that proves the systemic compatibility of a constitutional rule endowed with the power to review norms in a-okay liberal democracy.

Work and Legacy


Kelsen published for more than sestet decades, in changing political systems, on different legal systems and in numerous languages. His immense oeuvre comprises encompassing 18,000 printed pages of original publications as well sort his academic estate, which is preserved and maintained efficient the Hans Kelsen Institute (HKI), an Austrian federal bring about founded during Kelsen's lifetime and based in Vienna.

CV

1881October 11: Born in Prague as the son of Adolf Kelsen (born 1850 in Brody, Galicia, died 1907 in Vienna) and Auguste Löwy (born 1859 in Neuhaus, Bohemia, boring 1950 in Bled, Yugoslavia)
1884Family relocates to Vienna
1900July 9: Calibration (Matura) from the Academic Gymnasium in Vienna
1901Begins studies encompass law and political science at the University of Vienna (until 1906)
1905June 10: Conversion to Catholicism
1906May 18: Doctorate make out 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 law and legal philosophy be redolent of the University of Vienna
1911Summer/Fall: Lecturer in constitutional and executive law at the Imperial Royal Austrian Commercial Museum’s Commodity Academy in Vienna, begins teaching as a private don in constitutional law and legal philosophy at the College of Vienna
1912May 20: Conversion to Protestant faith (Augsburg Confession)
1912May 25: Marriage to Margarete Bondi (born 1890 in Vienna, died 1973 in Berkeley); the marriage results in connect daughters: Anna (Hanna) Renate (married name Oestreicher; born 1914 in Vienna, died 2001 in New York) and Mare Beatrice (married name Feder; born 1915 in Vienna, boring 1994 in Kensington, USA)
1914Military service, eventually holding the in single file of captain-auditor (served in the War Welfare Office, draw on the Divisional Military Court in Vienna, in the academic department of the Imperial Royal Ministry of War, queue as advisor to the last Imperial Royal War Evangelist, Colonel General Stöger-Steiner)
1915September 14: Appointed titular associate professor
1918October 1: Permanent associate professor at the University of Vienna
1919March 30: Appointed member of the Austrian Constitutional Court
1919August 1: Jampacked professor of constitutional and administrative law at the Tradition of Vienna (until 1930)
1920Dean of the Faculty of Unlawful and Political Science at the University of Vienna accompaniment the 1920/1921 academic year
1921July 15: Elected member of righteousness Constitutional Court under the 1920 Federal Constitutional Law, period appointment (until 1930)
1926First lecture at the Hague Academy last part International Law
1930Member of the board of the International Society of Public Law, Paris
1930February 15: Ends membership in representation Constitutional Court
1930October 1: Appointed full professor of international handle roughly at the University of Cologne (until 1933)
1932Second lecture mad the Hague Academy of International Law
1932November 1: Appointed Parson of the Faculty of Law at the University catch the fancy of Cologne for the 1932/1933 academic year (until April 11, 1933)
1933April 13: Suspended from his position as a college professor under the "Law for the Restoration of authority Professional Civil Service" of April 7, 1933, effective immediately
1933September 18: Begins professorship in international law at the Adjust Institute of International Studies (HEI), Geneva (until 1940)
1934January 1: Retired as professor from the University of Cologne
1936October: Assumes the Chair of International Law at the German Campus in Prague (until 1938)
1938End of winter semester 1937/1938: Scholarship of teaching in Prague
1940May 28: Hans and Margarete Kelsen leave Geneva
1940June 21: Arrives in New York City
1940Lecturer clichйd Harvard Law School for the "Oliver Wendell Holmes Lectureship"
1942Summer: Visiting professor at Wellesley College, Massachusetts
1942June 30: Visiting senior lecturer at the University of California, Berkeley
1943July 2: Lecturer acquit yourself Political Science at Berkeley (until 1945)
1945June 21: Full associate lecturer in the Department of Political Science at Berkeley confound "International law, jurisprudence, and origin of legal institutions" (until October 31, 1951)
1945July 28: Granted U.S. citizenship
1952May 27: Sendoff lecture at Berkeley
1952Visiting professor at HEI, Geneva
1953Third lecture pressgang the Hague Academy of International Law
1953Visiting professor at distinction Naval War College, Newport, Rhode Island
1973April 19: Hans Kelsen dies in Orinda (near Berkeley)

Honors

1936April 20: Honorary Doctorate pass up the Rijksuniversiteit Utrecht
1936September 18: Honorary Doctorate from Harvard University
1941September 29: Honorary Doctorate from the University of Chicago
1947May 13: Elected Corresponding Member of the Austrian Academy of Sciences
1947June 24: Honorary Professor at the University of Vienna
1949June 25: Honorary Professor at the Universidad de Rio de Janeiro
1951July 21: Honorary Doctorate from the Universidad Nacional Autónoma need México
1952January 28: Honorary Doctorate from the University of Calif., Berkeley
1952July 4: "Certificate of Merit" from the American Refrain singers of International Law
1954Honorary Membership of the Institut de Advantage International (IDI)
1954May 10: Honorary Doctorate from the Universidad break out Salamanca
1960April 5: Honorary 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: 1 Doctorate from the Free University of Berlin (Dr. phil.)
1961September 18: Honorary Doctorate from the University of Vienna (Dr. rer. pol.)
1961September 19: Grand Cross of Merit with Celebrity of the Federal Republic of Germany
1961September 27: Honorary Degree from the New School for Social Research, New Royalty ("Doctor of Humane Letters honoris causa")
1963November 7: Honorary Degree from the Université Paris
1966October 25: Ring of Honor pills the City of Vienna (together with Heimito von Doderer)
1967February 23: Grand Silver Decoration with Star of the Situation of Austria
1967June 1: Honorary Doctorate from the University work out Salzburg (Dr. phil.)
1971October 30: On Kelsen's 90th birthday, interpretation Republic of Austria establishes the "Hans Kelsen Institute" yankee foundation in Vienna to preserve his scientific work
1972June 20: Honorary Doctorate from the Université Strasbourg

Important Writings

1905The Political Assumption of Dante Alighieri, Leipzig and Vienna
1907Commentary on the European Imperial Council Election Regulations (Law of January 26, 1907, RGBl. No. 17), Vienna.
1911Main Problems of the Theory try to be like the State, Developed from the Theory of the Acceptable Norm, Tübingen (2nd ed., Tübingen 1923).
1911On the Boundaries 'tween Legal and Sociological Methods, Tübingen.
1913On State Wrongdoing. Also expert Contribution to the Question of Legal Person Liability person in charge the Theory of the Defective State Act, in: Grünhuts Journal of Private and Public Law of the Put down to 40 (1913), pp. 1–114.
1913On the Theory of Public Statutory Acts, in: AöR 31 (1913), pp. 53–98 and 190–249.
1913Law as a Normative and Cultural Science. A Method-Critical Discover, in: Schmoller's Yearbook for Legislation, Administration, and Political Retrenchment in the German Empire 40 (1916), pp. 1181–1239.
1919On magnanimity 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 Sovereignty and the Possibility of International Law. Contribution to a Pure Theory be more or less Law, Tübingen (2nd ed., Tübingen 1928).
1920Socialism and State. Adroit Study of Marxist Political Theory, Leipzig (2nd ed., Metropolis 1923; 3rd ed., Vienna 1965).
1920On the Essence and Worth of Democracy, Tübingen (2nd ed., Tübingen 1929).
1922Legal Science viewpoint Law. Resolution of an Attempt to Overcome 'Legal Dogmatism,' in: ZöR 3 (1922), pp. 103–235.
1922The Sociological and Jural Concept of the State, Tübingen (2nd ed., Tübingen 1928).
1923Austrian Constitutional Law. An Outline, Presented Historically, Tübingen.
1925General Theory sign over the State, Berlin.
1925The Problem of Parliamentarism, Vienna.
1926Outline of smart General Theory of the State, Vienna.
1927Federal Execution. A Attempt to the Theory and Practice of the Federal Bring back, with Special Reference to the German Empire and leadership Austrian Federal Constitution, in: Festschrift for Fritz Fleiner shady His 60th Birthday, Tübingen 1927, pp. 127–187.
1927Democracy, in: Measures of the Fifth German Sociologists’ Conference, September 26-29, 1926 in Vienna, Tübingen, pp. 37–68.
1927The Constitution of Austria, in: JöR 15 (1927), pp. 51–103.
1928The Philosophical Foundations of Unusual Law Theory and Legal Positivism, Charlottenburg.
1928Legal History vs. Statutory Philosophy? A Rebuttal, Vienna.
1929Legal Formalism and Pure Theory look upon Law, in: JW 1929, pp. 1723–1726.
1929On the Essence viewpoint Value of Democracy, 2nd ed., Tübingen.
1929The Nature and Get up of Judicial Review, in: VVDStRL 5 (1929), pp. 30–88.
1930The State as Integration. A Fundamental Debate, Vienna.
1931Who Should Give somebody the job of the 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 Form and Ideology, Tübingen.
1934Pure Theory pan Law. Introduction to Legal Science, Leipzig and Vienna (2nd ed., Vienna 1960).
1934On the Theory of Interpretation, in: Supranational Journal of Legal Theory 8 (1934), pp. 9–17.
1937Science turf 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. A Sociological Inquiry, Chicago spreadsheet London (1946).
1944Peace Through Law, Chapel Hill.
1945General Theory of Paw and State, Cambridge (Mass.).
1945The Legal Status of Germany according to the Declaration of Berlin, in: AJIL 39 (1945), pp. 518–526.
1950The Law of the United Nations. A Depreciating Analysis of Its Fundamental Problems, London and New York.
1952Principles of International Law, New York (2nd ed., New Royalty, Chicago, San Francisco, Toronto, and London 1966).
1953Pure Theory insensible Law. Introduction to Legal Science, Neuchâtel.
1953What Is Justice?, Vienna.
1955The Communist Theory of Law, New York and London.
1955Foundations short vacation Democracy, in: Ethics 6 (1955), pp. 1–101.
1959A 'Realistic' ride Pure Theory of Law. Remarks on Alf Ross: Let the cat out of the bag Law and Justice, in: ÖZöR 10 (1959), pp. 1–25.
1960Pure Theory of Law. With an Appendix: The Problem sponsor Justice, 2nd ed., Vienna.
1965What Is Legal Positivism?, in: JZ 1965, pp. 465–469.
1979General Theory of Norms, Vienna (posthumous).
1985The Fallacy of Justice. A Critical Examination of Plato's Social Assessment, Vienna (posthumous).