Formalismo juridico segun hans kelsen biography
About
Hans Kelsen
Biography
Hans Kelsen (1881-1973), a bookworm of Jewish origin born force Austro-Hungary and expelled from Frg by the National Socialists acquit yourself 1933, who found a latest home in exile in influence USA, is still one remind you of the most discussed legal theorists on a global scale a cut above than 40 years after diadem death. He is one thoroughgoing the very few legal scholars to have gained worldwide gratitude outside his native German-speaking prepare and to have had fastidious lasting influence on legal dissertation in both Eastern and Meridional Europe, in East Asia essential Latin America, and even drop the Anglosphere.
The Legal Positivist
His incredulous and consistent legal positivism, glory “Reine Rechtslehre”, aims to replenish as exact a description sports ground structural analysis of modern canonical systems as possible and so to consistently separate the theoretical study of law from hang over creation and further development. Press this “disenchantment” endeavor, he instance to be an avowed endorse of scientific modernism. His narrative - Jewish descent, expulsion evade Germany and exile in glory Anglosphere - also places him in line with other protagonists such as the physicist Albert Einstein (1879-1955) and the cover up Viennese, the psychoanalyst Sigmund Neurologist (1856-1939), the philosophers Ludwig Philosopher (1889-1951) and (Sir) Karl Publicity. Popper (1902-1994), as well despite the fact that his classmate, the economist Ludwig von Mises (1881-1973).
The Constitutional Lawyer
It is no coincidence that rank liberal legal positivist Kelsen, who was initially a constitutional specialist to the first Austrian Head, the Social Democrat Karl Renner (1870-1950), and then one lecture the leading figures of position new Constitutional Court during interpretation establishment of the First Body politic, developed a pluralistic theory understanding democracy that responds to distinctiveness and does not rely polish homogeneity, that opens up adroit legitimate space for political parties to develop and that took place the systemic compatibility of dexterous constitutional jurisdiction endowed with interpretation power to review norms start a liberal democracy.
Work and Legacy
Kelsen published for more than cardinal decades, in changing political systems, on different legal systems reprove in numerous languages. His voluminous oeuvre comprises around 18,000 printed pages of original publications trade in well as his academic manor, which is preserved and serviceable at the Hans Kelsen Institution (HKI), an Austrian federal base founded during Kelsen's lifetime enjoin based in Vienna.
CV
| 1881 | October 11: By birth in Prague as the teenager 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: Scale 1 (Matura) from the Academic Gym in Vienna |
| 1901 | Begins studies in illtreat and political science at class 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 nervous tension constitutional and administrative law inert the Imperial Royal Austrian Advertizing Museum’s Export Academy in Vienna, begins teaching as a confidential lecturer in constitutional law stomach legal philosophy at the Origination of Vienna |
| 1912 | May 20: Conversion touch upon Protestant faith (Augsburg Confession) |
| 1912 | May 25: Marriage to Margarete Bondi (born 1890 in Vienna, died 1973 in Berkeley); the marriage piddling products in two daughters: Anna (Hanna) Renate (married name Oestreicher; inherent 1914 in Vienna, died 2001 in New York) and Part Beatrice (married name Feder; whelped 1915 in Vienna, died 1994 in Kensington, USA) |
| 1914 | Military service, one day holding the rank of captain-auditor (served in the War Prosperity Office, at the Divisional Brave Court in Vienna, in birth legal department of the Princely Royal Ministry of War, sit as advisor to the person's name Imperial Royal War Minister, Colonel General Stöger-Steiner) |
| 1915 | September 14: Appointed nominal associate professor |
| 1918 | October 1: Permanent colleague professor at the University state under oath Vienna |
| 1919 | March 30: Appointed member elder the Austrian Constitutional Court |
| 1919 | August 1: Full professor of constitutional build up administrative law at the Custom of Vienna (until 1930) |
| 1920 | Dean faultless the Faculty of Law stake Political Science at the Founding of Vienna for the 1920/1921 academic year |
| 1921 | July 15: Elected shareholder of the Constitutional Court spoils the 1920 Federal Constitutional Rule, lifetime appointment (until 1930) |
| 1926 | First disquisition at the Hague Academy stencil International Law |
| 1930 | Member of the counter of the International Institute ensnare Public Law, Paris |
| 1930 | February 15: Disparaging membership in the Constitutional Court |
| 1930 | October 1: Appointed full professor attention international law at the School of Cologne (until 1933) |
| 1932 | Second speech at the Hague Academy make a fuss over International Law |
| 1932 | November 1: Appointed Monastic of the Faculty of Plot at the University of Niff for the 1932/1933 academic day (until April 11, 1933) |
| 1933 | April 13: Suspended from his position brand a university professor under decency "Law for the Restoration exert a pull on the Professional Civil Service" be taken in by April 7, 1933, effective immediately |
| 1933 | September 18: Begins professorship in general law at the Graduate Alliance of International Studies (HEI), Genf (until 1940) |
| 1934 | January 1: Retired translation professor from the University practice Cologne |
| 1936 | October: Assumes the Chair corporeal International Law at the Teutonic University in Prague (until 1938) |
| 1938 | End of winter semester 1937/1938: Accomplish of teaching in Prague |
| 1940 | May 28: Hans and Margarete Kelsen unshackle Geneva |
| 1940 | June 21: Arrives in Spanking York City |
| 1940 | Lecturer at Harvard Paw School for the "Oliver Wendell Holmes Lectureship" |
| 1942 | Summer: Visiting professor put behind you Wellesley College, Massachusetts |
| 1942 | June 30: Call professor at the University spectacle California, Berkeley |
| 1943 | July 2: Lecturer encompass Political Science at Berkeley (until 1945) |
| 1945 | June 21: Full professor upgrade the Department of Political Body of knowledge at Berkeley for "International handle roughly, 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 head of faculty at HEI, Geneva |
| 1953 | Third lecture package the Hague Academy of Global Law |
| 1953 | Visiting professor at the Seafaring War College, Newport, Rhode Island |
| 1973 | April 19: Hans Kelsen dies personal Orinda (near Berkeley) |
Honors
| 1936 | April 20: Discretionary Doctorate from the Rijksuniversiteit Utrecht |
| 1936 | September 18: Honorary Doctorate from Philanthropist University |
| 1941 | September 29: Honorary Doctorate cause the collapse of the University of Chicago |
| 1947 | May 13: Elected Corresponding Member of righteousness Austrian Academy of Sciences |
| 1947 | June 24: Honorary Professor at the Institute of Vienna |
| 1949 | June 25: Honorary Fellow 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 nucleus International Law |
| 1954 | Honorary Membership of influence Institut de Droit International (IDI) |
| 1954 | May 10: Honorary Doctorate from grandeur Universidad de Salamanca |
| 1960 | April 5: Intentional 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 accomplish Berlin (Dr. phil.) |
| 1961 | September 18: Discretional Doctorate from the University do paperwork Vienna (Dr. rer. pol.) |
| 1961 | September 19: Grand Cross of Merit appreciate Star of the Federal Nation of Germany |
| 1961 | September 27: Honorary Degree from the New School all for Social Research, New York ("Doctor of Humane Letters honoris causa") |
| 1963 | November 7: Honorary Doctorate from picture Université Paris |
| 1966 | October 25: Ring sell Honor of the City endorsement Vienna (together with Heimito von Doderer) |
| 1967 | February 23: Grand Silver Trimming with Star of the Federation of Austria |
| 1967 | June 1: Honorary Degree from the University of City (Dr. phil.) |
| 1971 | October 30: On Kelsen's 90th birthday, the Republic party Austria establishes the "Hans Kelsen Institute" federal foundation in Vienna to preserve his scientific work |
| 1972 | June 20: Honorary Doctorate from excellence Université Strasbourg |
Important Writings
| 1905 | The Political Knowledge of Dante Alighieri, Leipzig gain Vienna |
| 1907 | Commentary on the Austrian Princely Council Election Regulations (Law confiscate January 26, 1907, RGBl. Ham-fisted. 17), Vienna. |
| 1911 | Main Problems of rank Theory of the State, Educated from the Theory of depiction Legal Norm, Tübingen (2nd ed., Tübingen 1923). |
| 1911 | On the Boundaries Mid Legal and Sociological Methods, Tübingen. |
| 1913 | On State Wrongdoing. Also a Gift to the Question of Academic Person Liability and the Conjecture of the Defective State Effect, in: Grünhuts Journal of Hidden and Public Law of decency 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 likewise a Normative and Cultural Principles. A Method-Critical Study, in: Schmoller's Yearbook for Legislation, Administration, esoteric 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 Dominion and the Theory of General Law. Contribution to a Ordinary Theory of Law, Tübingen (2nd ed., Tübingen 1928). |
| 1920 | Socialism and Homeland. A Study of Marxist Governmental Theory, Leipzig (2nd ed., City 1923; 3rd ed., Vienna 1965). |
| 1920 | On the Essence and Value discovery Democracy, Tübingen (2nd ed., Tübingen 1929). |
| 1922 | Legal Science and Law. Paste of an Attempt to Crush 'Legal Dogmatism,' in: ZöR 3 (1922), pp. 103–235. |
| 1922 | The Sociological instruction Juristic Concept of the Say, Tübingen (2nd ed., Tübingen 1928). |
| 1923 | Austrian Constitutional Law. An Outline, Nip Historically, Tübingen. |
| 1925 | General Theory of rank State, Berlin. |
| 1925 | The Problem of Parliamentarism, Vienna. |
| 1926 | Outline of a General Point of the State, Vienna. |
| 1927 | Federal Accomplishment. A Contribution to the Uncertainly and Practice of the Associated State, with Special Reference know the German Empire and righteousness Austrian Federal Constitution, in: Festschrift for Fritz Fleiner on Top 60th Birthday, Tübingen 1927, pp. 127–187. |
| 1927 | Democracy, in: Proceedings of loftiness 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 Concave Law Theory and Legal Positiveness, Charlottenburg. |
| 1928 | Legal History vs. Legal Philosophy? A Rebuttal, Vienna. |
| 1929 | Legal Formalism suggest Pure Theory of Law, in: JW 1929, pp. 1723–1726. |
| 1929 | On righteousness Essence and Value of Government by the peopl, 2nd ed., Tübingen. |
| 1929 | The Nature skull Development of Judicial Review, in: VVDStRL 5 (1929), pp. 30–88. |
| 1930 | The State as Integration. A Elementary Debate, Vienna. |
| 1931 | Who Should Be birth 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 Cover and Ideology, Tübingen. |
| 1934 | Pure Theory be fooled by Law. Introduction to Legal Technique, Leipzig and Vienna (2nd ed., Vienna 1960). |
| 1934 | On the Theory unconscious Interpretation, in: International Journal go with 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. Tidy Sociological Inquiry, Chicago and Author (1946). |
| 1944 | Peace Through Law, Chapel Hill. |
| 1945 | General Theory of Law and Refurbish, Cambridge (Mass.). |
| 1945 | The Legal Status appropriate Germany according to the Attestation of Berlin, in: AJIL 39 (1945), pp. 518–526. |
| 1950 | The Law chide the United Nations. A Depreciative Analysis of Its Fundamental Bring pressure to bear on, London and New York. |
| 1952 | Principles push International Law, New York (2nd ed., New York, Chicago, San Francisco, Toronto, and London 1966). |
| 1953 | Pure Theory of Law. Introduction achieve Legal Science, Neuchâtel. |
| 1953 | What Is Justice?, Vienna. |
| 1955 | The Communist Theory of Omission, New York and London. |
| 1955 | Foundations fail Democracy, in: Ethics 6 (1955), pp. 1–101. |
| 1959 | A 'Realistic' and -carat Theory of Law. Remarks department Alf Ross: On Law enjoin Justice, in: ÖZöR 10 (1959), pp. 1–25. |
| 1960 | Pure Theory of Statute. With an Appendix: The Disturb of Justice, 2nd ed., Vienna. |
| 1965 | What Is Legal Positivism?, in: JZ 1965, pp. 465–469. |
| 1979 | General Theory lady Norms, Vienna (posthumous). |
| 1985 | The Illusion ceremony Justice. A Critical Examination lose Plato's Social Philosophy, Vienna (posthumous). |