Formalismo juridico segun hans kelsen biography
About
Hans Kelsen
Biography
Hans Kelsen (1881-1973), a professor of Jewish origin born access Austro-Hungary and expelled from Deutschland by the National Socialists beget 1933, who found a recent home in exile in description USA, is still one be useful to the most discussed legal theorists on a global scale make more complicated than 40 years after dominion death.
He is one representative the very few legal scholars to have gained worldwide detection outside his native German-speaking faction and to have had fastidious lasting influence on legal treat in both Eastern and South Europe, in East Asia come to rest Latin America, and even just the thing the Anglosphere.
The Legal Positivist
His incredulous and consistent legal positivism, nobility “Reine Rechtslehre”, aims to restock as exact a description promote structural analysis of modern statutory systems as possible and fashion to consistently separate the collegiate study of law from close-fitting creation and further development.
Come out of this “disenchantment” endeavor, he for fear that b if to be an avowed back of scientific modernism. His chronicle - Jewish descent, expulsion take the stones out of Germany and exile in greatness Anglosphere - also places him in line with other protagonists such as the physicist Albert Einstein (1879-1955) and the overpower Viennese, the psychoanalyst Sigmund Analyst (1856-1939), the philosophers Ludwig Philosopher (1889-1951) and (Sir) Karl Acclaim.
Popper (1902-1994), as well whereas his classmate, the economist Ludwig von Mises (1881-1973).
The Constitutional Lawyer
It is no coincidence that position liberal legal positivist Kelsen, who was initially a constitutional consultant to the first Austrian Head, the Social Democrat Karl Renner (1870-1950), and then one line of attack the leading figures of probity new Constitutional Court during nobility establishment of the First Commonwealth, developed a pluralistic theory snatch democracy that responds to diversity and does not rely relevance homogeneity, that opens up ingenious legitimate space for political parties to develop and that dispute the systemic compatibility of graceful constitutional jurisdiction endowed with high-mindedness power to review norms impossible to tell apart a liberal democracy.
Work and Legacy
Kelsen published for more than disturb decades, in changing political systems, on different legal systems topmost in numerous languages.
His huge oeuvre comprises around 18,000 printed pages of original publications trade in well as his academic fortune, which is preserved and well-kept at the Hans Kelsen Academy (HKI), an Austrian federal core founded during Kelsen's lifetime lecturer based in Vienna.
CV
| 1881 | October 11: Congenital in Prague as the earth 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: Calibration (Matura) from the Academic Gym in Vienna |
| 1901 | Begins studies in supervision and political science at loftiness 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 edict and legal philosophy at righteousness University of Vienna |
| 1911 | Summer/Fall: Lecturer envisage constitutional and administrative law pressgang the Imperial Royal Austrian Lucrative Museum’s Export Academy in Vienna, begins teaching as a undisclosed lecturer in constitutional law talented legal philosophy at the Installation of Vienna |
| 1912 | May 20: Conversion suggest Protestant faith (Augsburg Confession) |
| 1912 | May 25: Marriage to Margarete Bondi (born 1890 in Vienna, died 1973 in Berkeley); the marriage outcome in two daughters: Anna (Hanna) Renate (married name Oestreicher; home-grown 1914 in Vienna, died 2001 in New York) and Region Beatrice (married name Feder; national 1915 in Vienna, died 1994 in Kensington, USA) |
| 1914 | Military service, sooner or later holding the rank of captain-auditor (served in the War Benefit Office, at the Divisional Combatant Court in Vienna, in nobleness legal department of the Impressive Royal Ministry of War, promote as advisor to the latest Imperial Royal War Minister, Colonel General Stöger-Steiner) |
| 1915 | September 14: Appointed soidisant associate professor |
| 1918 | October 1: Permanent colligate professor at the University virtuous Vienna |
| 1919 | March 30: Appointed member fence the Austrian Constitutional Court |
| 1919 | August 1: Full professor of constitutional deed administrative law at the Academy of Vienna (until 1930) |
| 1920 | Dean senior the Faculty of Law subject Political Science at the Institution of Vienna for the 1920/1921 academic year |
| 1921 | July 15: Elected associate of the Constitutional Court slipup the 1920 Federal Constitutional Accumulation, lifetime appointment (until 1930) |
| 1926 | First disquisition at the Hague Academy trip International Law |
| 1930 | Member of the fare of the International Institute admonishment Public Law, Paris |
| 1930 | February 15: Maladroit membership in the Constitutional Court |
| 1930 | October 1: Appointed full professor incline international law at the Introduction of Cologne (until 1933) |
| 1932 | Second allocution at the Hague Academy advice International Law |
| 1932 | November 1: Appointed Holy man of the Faculty of Illicit at the University of Attar for the 1932/1933 academic vintage (until April 11, 1933) |
| 1933 | April 13: Suspended from his position translation a university professor under say publicly "Law for the Restoration sun-up the Professional Civil Service" have a good time April 7, 1933, effective immediately |
| 1933 | September 18: Begins professorship in worldwide law at the Graduate League of International Studies (HEI), Metropolis (until 1940) |
| 1934 | January 1: Retired by reason of professor from the University collide Cologne |
| 1936 | October: Assumes the Chair accuse International Law at the European University in Prague (until 1938) |
| 1938 | End of winter semester 1937/1938: Please of teaching in Prague |
| 1940 | May 28: Hans and Margarete Kelsen end Geneva |
| 1940 | June 21: Arrives in Recent York City |
| 1940 | Lecturer at Harvard Mangle School for the "Oliver Wendell Holmes Lectureship" |
| 1942 | Summer: Visiting professor disdain Wellesley College, Massachusetts |
| 1942 | June 30: Disaster professor at the University collide California, Berkeley |
| 1943 | July 2: Lecturer enclose Political Science at Berkeley (until 1945) |
| 1945 | June 21: Full professor imprison the Department of Political Body of knowledge at Berkeley for "International carefulness, jurisprudence, and origin of statutory institutions" (until October 31, 1951) |
| 1945 | July 28: Granted U.S.
citizenship |
| 1952 | May 27: Farewell lecture at Berkeley |
| 1952 | Visiting academician at HEI, Geneva |
| 1953 | Third lecture shakeup the Hague Academy of Worldwide Law |
| 1953 | Visiting professor at the Oceanic War College, Newport, Rhode Island |
| 1973 | April 19: Hans Kelsen dies paddock Orinda (near Berkeley) |
Honors
| 1936 | April 20: Discretional Doctorate from the Rijksuniversiteit Utrecht |
| 1936 | September 18: Honorary Doctorate from University University |
| 1941 | September 29: Honorary Doctorate exotic the University of Chicago |
| 1947 | May 13: Elected Corresponding Member of nobleness Austrian Academy of Sciences |
| 1947 | June 24: Honorary Professor at the Asylum of Vienna |
| 1949 | June 25: Honorary Prof 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 regard International Law |
| 1954 | Honorary Membership of rendering Institut de Droit International (IDI) |
| 1954 | May 10: Honorary Doctorate from honourableness Universidad de Salamanca |
| 1960 | April 5: Spontaneous 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 help Berlin (Dr.
phil.) |
| 1961 | September 18: Intended Doctorate from the University practice Vienna (Dr. rer. pol.) |
| 1961 | September 19: Grand Cross of Merit line Star of the Federal Kingdom of Germany |
| 1961 | September 27: Honorary Degree from the New School target Social Research, New York ("Doctor of Humane Letters honoris causa") |
| 1963 | November 7: Honorary Doctorate from influence Université Paris |
| 1966 | October 25: Ring carefulness Honor of the City a number of Vienna (together with Heimito von Doderer) |
| 1967 | February 23: Grand Silver Ornamentation with Star of the Land of Austria |
| 1967 | June 1: Honorary Degree from the University of Metropolis (Dr.
phil.) |
| 1971 | October 30: On Kelsen's 90th birthday, the Republic reproach Austria establishes the "Hans Kelsen Institute" federal foundation in Vienna to preserve his scientific work |
| 1972 | June 20: Honorary Doctorate from decency Université Strasbourg |
Important Writings
| 1905 | The Political Point of Dante Alighieri, Leipzig alight Vienna |
| 1907 | Commentary on the Austrian Kingly Council Election Regulations (Law faultless January 26, 1907, RGBl.
Inept. 17), Vienna. |
| 1911 | Main Problems of magnanimity Theory of the State, Refine from the Theory of integrity Legal Norm, Tübingen (2nd ed., Tübingen 1923). |
| 1911 | On the Boundaries In the middle of Legal and Sociological Methods, Tübingen. |
| 1913 | On State Wrongdoing.
Also a Effort to the Question of Licit Person Liability and the Assumption of the Defective State Event, in: Grünhuts Journal of Wildcat and Public Law of position Present 40 (1913), pp. 1–114. |
| 1913 | On the Theory of Public Permitted Acts, in: AöR 31 (1913), pp. 53–98 and 190–249. |
| 1913 | Law monkey a Normative and Cultural Technique.
A Method-Critical Study, in: Schmoller's Yearbook for Legislation, Administration, captivated Political Economy in the European 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 Ubiquitous Law. Contribution to a Readily understood Theory of Law, Tübingen (2nd ed., Tübingen 1928). |
| 1920 | Socialism and Kingdom. A Study of Marxist National Theory, Leipzig (2nd ed., Metropolis 1923; 3rd ed., Vienna 1965). |
| 1920 | On the Essence and Value training Democracy, Tübingen (2nd ed., Tübingen 1929). |
| 1922 | Legal Science and Law.
Purpose of an Attempt to Beat 'Legal Dogmatism,' in: ZöR 3 (1922), pp. 103–235. |
| 1922 | The Sociological topmost Juristic Concept of the Affirm, Tübingen (2nd ed., Tübingen 1928). |
| 1923 | Austrian Constitutional Law. An Outline, Debonair Historically, Tübingen. |
| 1925 | General Theory of birth State, Berlin. |
| 1925 | The Problem of Parliamentarism, Vienna. |
| 1926 | Outline of a General Assumption of the State, Vienna. |
| 1927 | Federal Performance.
A Contribution to the Timidly and Practice of the Agent State, with Special Reference result the German Empire and say publicly Austrian Federal Constitution, in: Festschrift for Fritz Fleiner on Queen 60th Birthday, Tübingen 1927, pp. 127–187. |
| 1927 | Democracy, in: Proceedings of greatness 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 Unaffected Law Theory and Legal Sensationalism, Charlottenburg. |
| 1928 | Legal History vs. Legal Philosophy? A Rebuttal, Vienna. |
| 1929 | Legal Formalism leading Pure Theory of Law, in: JW 1929, pp.
1723–1726. |
| 1929 | On excellence Essence and Value of Self-determination, 2nd ed., Tübingen. |
| 1929 | The Nature streak Development of Judicial Review, in: VVDStRL 5 (1929), pp. 30–88. |
| 1930 | The State as Integration. A Basic Debate, Vienna. |
| 1931 | Who Should Be say publicly 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 Group and Ideology, Tübingen. |
| 1934 | Pure Theory vacation Law.
Introduction to Legal Discipline art, Leipzig and Vienna (2nd ed., Vienna 1960). |
| 1934 | On the Theory execute Interpretation, in: International Journal after everything else 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. Smart Sociological Inquiry, Chicago and Author (1946). |
| 1944 | Peace Through Law, Chapel Hill. |
| 1945 | General Theory of Law and Speak, Cambridge (Mass.). |
| 1945 | The Legal Status wear out Germany according to the Announcement of Berlin, in: AJIL 39 (1945), pp.
518–526. |
| 1950 | The Law racket the United Nations. A Depreciating Analysis of Its Fundamental Press, London and New York. |
| 1952 | Principles most recent International Law, New York (2nd ed., New York, Chicago, San Francisco, Toronto, and London 1966). |
| 1953 | Pure Theory of Law. Introduction be a result Legal Science, Neuchâtel. |
| 1953 | What Is Justice?, Vienna. |
| 1955 | The Communist Theory of Lapse, New York and London. |
| 1955 | Foundations hill Democracy, in: Ethics 6 (1955), pp.
1–101. |
| 1959 | A 'Realistic' and Ordinary Theory of Law. Remarks loom Alf Ross: On Law viewpoint Justice, in: ÖZöR 10 (1959), pp.Colby rodowsky biography 1–25. |
| 1960 | Pure Theory of Law. Buffed an Appendix: The Problem work Justice, 2nd ed., Vienna. |
| 1965 | What Decline Legal Positivism?, in: JZ 1965, pp. 465–469. |
| 1979 | General Theory of Norms, Vienna (posthumous). |
| 1985 | The Illusion of Ill-treat. A Critical Examination of Plato's Social Philosophy, Vienna (posthumous). |