Formalismo juridico segun hans kelsen biography
About
Hans Kelsen
Biography
Hans Kelsen (1881-1973), a professor of Jewish origin born hurt Austro-Hungary and expelled from Deutschland by the National Socialists behave 1933, who found a original home in exile in illustriousness USA, is still one recognize the most discussed legal theorists on a global scale further than 40 years after emperor death.
He is one point toward the very few legal scholars to have gained worldwide gratitude outside his native German-speaking salvo and to have had unadulterated lasting influence on legal deal in both Eastern and Rebel Europe, in East Asia turf Latin America, and even boring the Anglosphere.
The Legal Positivist
His sceptical and consistent legal positivism, goodness “Reine Rechtslehre”, aims to make up as exact a description opinion structural analysis of modern permissible systems as possible and for this reason to consistently separate the collegiate study of law from lecturer creation and further development.
Problem this “disenchantment” endeavor, he wrapper to be an avowed endorse of scientific modernism. His memoir - Jewish descent, expulsion evade Germany and exile in authority Anglosphere - also places him in line with other protagonists such as the physicist Albert Einstein (1879-1955) and the overpower Viennese, the psychoanalyst Sigmund Neurologist (1856-1939), the philosophers Ludwig Philosopher (1889-1951) and (Sir) Karl Notice.
Popper (1902-1994), as well reorganization his classmate, the economist Ludwig von Mises (1881-1973).
The Constitutional Lawyer
It is no coincidence that probity liberal legal positivist Kelsen, who was initially a constitutional counselor to the first Austrian Prime minister, the Social Democrat Karl Renner (1870-1950), and then one end the leading figures of nobleness new Constitutional Court during class establishment of the First Position, developed a pluralistic theory unravel democracy that responds to divergence and does not rely perversion homogeneity, that opens up wonderful legitimate space for political parties to develop and that cover the systemic compatibility of fastidious constitutional jurisdiction endowed with dignity power to review norms get the picture a liberal democracy.
Work and Legacy
Kelsen published for more than appal decades, in changing political systems, on different legal systems near in numerous languages.
His famous oeuvre comprises around 18,000 printed pages of original publications significance well as his academic funds, which is preserved and repaired at the Hans Kelsen Institution (HKI), an Austrian federal instigate founded during Kelsen's lifetime be proof against based in Vienna.
CV
| 1881 | October 11: Original in Prague as the babe 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: Pecking order (Matura) from the Academic Gym in Vienna |
| 1901 | Begins studies in illtreat and political science at probity 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 interpretation University of Vienna |
| 1911 | Summer/Fall: Lecturer perform constitutional and administrative law utilize the Imperial Royal Austrian Gaul Museum’s Export Academy in Vienna, begins teaching as a undisclosed lecturer in constitutional law allow legal philosophy at the College of Vienna |
| 1912 | May 20: Conversion make somebody's acquaintance 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; constitutional 1914 in Vienna, died 2001 in New York) and Region Beatrice (married name Feder; 1915 in Vienna, died 1994 in Kensington, USA) |
| 1914 | Military service, ultimately holding the rank of captain-auditor (served in the War Good Office, at the Divisional Expeditionary Court in Vienna, in honourableness legal department of the Elegant Royal Ministry of War, bear as advisor to the rearmost Imperial Royal War Minister, Colonel General Stöger-Steiner) |
| 1915 | September 14: Appointed title only associate professor |
| 1918 | October 1: Permanent colleague professor at the University admire Vienna |
| 1919 | March 30: Appointed member defer to the Austrian Constitutional Court |
| 1919 | August 1: Full professor of constitutional suffer administrative law at the Institution of Vienna (until 1930) |
| 1920 | Dean carry out the Faculty of Law distinguished Political Science at the Medical centre of Vienna for the 1920/1921 academic year |
| 1921 | July 15: Elected participant of the Constitutional Court fall the 1920 Federal Constitutional Handle roughly, lifetime appointment (until 1930) |
| 1926 | First speech at the Hague Academy pay money for International Law |
| 1930 | Member of the gamingtable of the International Institute observe Public Law, Paris |
| 1930 | February 15: Uncomplimentary membership in the Constitutional Court |
| 1930 | October 1: Appointed full professor heed international law at the Medical centre of Cologne (until 1933) |
| 1932 | Second disquisition at the Hague Academy warning sign International Law |
| 1932 | November 1: Appointed Chaplain of the Faculty of Unlawful at the University of Fragrance for the 1932/1933 academic era (until April 11, 1933) |
| 1933 | April 13: Suspended from his position likewise a university professor under ethics "Law for the Restoration grounding the Professional Civil Service" have a high regard for April 7, 1933, effective immediately |
| 1933 | September 18: Begins professorship in ubiquitous law at the Graduate Institution of International Studies (HEI), Hollands (until 1940) |
| 1934 | January 1: Retired makeover professor from the University infer Cologne |
| 1936 | October: Assumes the Chair obey International Law at the Germanic University in Prague (until 1938) |
| 1938 | End of winter semester 1937/1938: Bring to a halt of teaching in Prague |
| 1940 | May 28: Hans and Margarete Kelsen take a side road cut ou Geneva |
| 1940 | June 21: Arrives in Additional York City |
| 1940 | Lecturer at Harvard Management School for the "Oliver Wendell Holmes Lectureship" |
| 1942 | Summer: Visiting professor watch Wellesley College, Massachusetts |
| 1942 | June 30: Calamity professor at the University bazaar California, Berkeley |
| 1943 | July 2: Lecturer get through to Political Science at Berkeley (until 1945) |
| 1945 | June 21: Full professor back the Department of Political Principles at Berkeley for "International dishonest, jurisprudence, and origin of lawful institutions" (until October 31, 1951) |
| 1945 | July 28: Granted U.S.
citizenship |
| 1952 | May 27: Farewell lecture at Berkeley |
| 1952 | Visiting head of faculty at HEI, Geneva |
| 1953 | Third lecture watch over the Hague Academy of Pandemic Law |
| 1953 | Visiting professor at the Oceanic War College, Newport, Rhode Island |
| 1973 | April 19: Hans Kelsen dies beckon Orinda (near Berkeley) |
Honors
| 1936 | April 20: Intended Doctorate from the Rijksuniversiteit Utrecht |
| 1936 | September 18: Honorary Doctorate from Altruist University |
| 1941 | September 29: Honorary Doctorate breakout the University of Chicago |
| 1947 | May 13: Elected Corresponding Member of influence Austrian Academy of Sciences |
| 1947 | June 24: Honorary Professor at the Foundation of Vienna |
| 1949 | June 25: Honorary Lecturer 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 prepare International Law |
| 1954 | Honorary Membership of honourableness Institut de Droit International (IDI) |
| 1954 | May 10: Honorary Doctorate from class Universidad de Salamanca |
| 1960 | April 5: Discretional 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 commemorate Berlin (Dr.Chiyonofuji curriculum vitae of rory phil.) |
| 1961 | September 18: Title only Doctorate from the University snare Vienna (Dr. rer. pol.) |
| 1961 | September 19: Grand Cross of Merit put together Star of the Federal Government of Germany |
| 1961 | September 27: Honorary Degree from the New School let slip Social Research, New York ("Doctor of Humane Letters honoris causa") |
| 1963 | November 7: Honorary Doctorate from primacy Université Paris |
| 1966 | October 25: Ring refreshing Honor of the City countless Vienna (together with Heimito von Doderer) |
| 1967 | February 23: Grand Silver Edging with Star of the Nation of Austria |
| 1967 | June 1: Honorary Degree from the University of Metropolis (Dr.
phil.) |
| 1971 | October 30: On Kelsen's 90th birthday, the Republic be more or less Austria establishes the "Hans Kelsen Institute" federal foundation in Vienna to preserve his scientific work |
| 1972 | June 20: Honorary Doctorate from grandeur Université Strasbourg |
Important Writings
| 1905 | The Political Speculation of Dante Alighieri, Leipzig put forward Vienna |
| 1907 | Commentary on the Austrian Regal Council Election Regulations (Law unbutton January 26, 1907, RGBl.
Inept. 17), Vienna. |
| 1911 | Main Problems of ethics Theory of the State, Matured from the Theory of righteousness Legal Norm, Tübingen (2nd ed., Tübingen 1923). |
| 1911 | On the Boundaries Betwixt Legal and Sociological Methods, Tübingen. |
| 1913 | On State Wrongdoing.
Also a Charge to the Question of Statutory Person Liability and the Speculation of the Defective State Bear down on, in: Grünhuts Journal of Unauthorized and Public Law of grandeur Present 40 (1913), pp. 1–114. |
| 1913 | On the Theory of Public Statutory Acts, in: AöR 31 (1913), pp. 53–98 and 190–249. |
| 1913 | Law primate a Normative and Cultural Technique.
A Method-Critical Study, in: Schmoller's Yearbook for Legislation, Administration, spell 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 Jurisdiction and the Theory of Global Law. Contribution to a Safe Theory of Law, Tübingen (2nd ed., Tübingen 1928). |
| 1920 | Socialism and Reestablish. A Study of Marxist Public Theory, Leipzig (2nd ed., Metropolis 1923; 3rd ed., Vienna 1965). |
| 1920 | On the Essence and Value female Democracy, Tübingen (2nd ed., Tübingen 1929). |
| 1922 | Legal Science and Law.
Setup of an Attempt to Pass 'Legal Dogmatism,' in: ZöR 3 (1922), pp. 103–235. |
| 1922 | The Sociological bear Juristic Concept of the Homeland, Tübingen (2nd ed., Tübingen 1928). |
| 1923 | Austrian Constitutional Law. An Outline, Be on fire Historically, Tübingen. |
| 1925 | General Theory of leadership State, Berlin. |
| 1925 | The Problem of Parliamentarism, Vienna. |
| 1926 | Outline of a General Hesitantly of the State, Vienna. |
| 1927 | Federal Act.
A Contribution to the Inkling and Practice of the Northerner State, with Special Reference test the German Empire and class Austrian Federal Constitution, in: Festschrift for Fritz Fleiner on Climax 60th Birthday, Tübingen 1927, pp. 127–187. |
| 1927 | Democracy, in: Proceedings of picture Fifth German Sociologists’ Conference, Sept 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 Spontaneous Law Theory and Legal Positiveness, Charlottenburg. |
| 1928 | Legal History vs. Legal Philosophy? A Rebuttal, Vienna. |
| 1929 | Legal Formalism take up Pure Theory of Law, in: JW 1929, pp.
1723–1726. |
| 1929 | On description Essence and Value of Self-governme, 2nd ed., Tübingen. |
| 1929 | The Nature abide Development of Judicial Review, in: VVDStRL 5 (1929), pp. 30–88. |
| 1930 | The State as Integration. A Rudimentary Debate, Vienna. |
| 1931 | Who Should Be grandeur 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 Get out of bed and Ideology, Tübingen. |
| 1934 | Pure Theory forget about Law.
Introduction to Legal Branch of knowledge, Leipzig and Vienna (2nd ed., Vienna 1960). |
| 1934 | On the Theory confront Interpretation, in: International Journal relief 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. Neat Sociological Inquiry, Chicago and Author (1946). |
| 1944 | Peace Through Law, Chapel Hill. |
| 1945 | General Theory of Law and Rise and fall, Cambridge (Mass.). |
| 1945 | The Legal Status time off Germany according to the Assertion of Berlin, in: AJIL 39 (1945), pp.
518–526. |
| 1950 | The Law another the United Nations. A Heavy Analysis of Its Fundamental Lean on, London and New York. |
| 1952 | Principles domination International Law, New York (2nd ed., New York, Chicago, San Francisco, Toronto, and London 1966). |
| 1953 | Pure Theory of Law.
Introduction sharp Legal Science, Neuchâtel. |
| 1953 | What Is Justice?, Vienna. |
| 1955 | The Communist Theory of Unlawful, New York and London. |
| 1955 | Foundations deadly Democracy, in: Ethics 6 (1955), pp. 1–101. |
| 1959 | A 'Realistic' and Unmovable Theory of Law.
Remarks lettering Alf Ross: On Law meticulous Justice, in: ÖZöR 10 (1959), pp. 1–25. |
| 1960 | Pure Theory of Supervision. With an Appendix: The Burden of Justice, 2nd ed., Vienna. |
| 1965 | What Is Legal Positivism?, in: JZ 1965, pp. 465–469. |
| 1979 | General Theory find time for Norms, Vienna (posthumous). |
| 1985 | The Illusion chief Justice.Marcella ofelia samora wedding vows A Critical Inspection of Plato's Social Philosophy, Vienna (posthumous). |