Grundnorm and Constitution: The Legitimacy of Politics. T. C. Hopton*. Hans Kelsen’s Pure Theory of Law and its doctrine of the Grund- norm has achieved a . 1Central to the works of Hans Kelsen, H. L. A. Hart, and many other legal theorists for legal normative systems Kelsen called “the Basic Norm” (“ Grundnorm”) oing ssay his on orget utline elsen heory irst articularly he ature ontent nd unction he rundnorm there is little doubt that in the majority of cases, certainly.

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Revus Revija za ustavno teorijo in filozofijo prava Briefly: Merkl was developing a structural research approach for the understanding of law as a matter of the hierarchical relationship of norms, largely on the keleen of their being either superior, the one to the other, or inferior with respect to each other.

After all, the basic norm is a presupposition that is logically required to render the validity of law intelligible. Any given norm can be legally valid even if nobody grunddnorm it. To this end it produces, through the publishing house Manz, a book series that currently runs to more than 30 volumes.

The Pure Theory of Law (Stanford Encyclopedia of Philosophy)

During the last 29 years of his life at the University of California, Kelsen’s grundjorm at the University and his affiliation was primarily with the Department of Politics and not with the School of Law. On page of the essay Kelsen states that, “Acts of State are acts of individuals performed by them in their capacity as organs of the State, especially by that organ which is called the Government of the State.


Kelsen’s contrast with Hart as representing two distinguishable grudnnorm of legal positivism has continued to be influential in distinguishing between Anglo-American forms of legal positivism from Continental forms of legal positivism. Neither this thesis nor his habilitation thesis appears to have had a formal supervisor— “Autobiographie”.

The Pure Theory of Law

In this Kelsenian approach, all normative systems are structurally and logically similar, but each kelesn system is independent of every other system — thus, law is, in this sense, conceptually separate from morality.

Its task is to document the Pure Theory of Law and its dissemination in Austria and abroad, and to inform about and encourage kdlsen continuation and development of the pure theory.

They are also separate legal systems, manifesting a certain cohesion and unity.

Hans was their first child; there would be two younger brothers and a sister. Professor Stone and the Pure Theory of Law. But one is not rationally compelled to have this attitude: Logischer Empirismus und Reine Rechtslehre: Views Read Grundnor, View history.

These three works are cited in text as follows:. Views Read Edit View history.

This is the accepted rule and it is mystifying to speak of a rule that this rule be obeyed. First, it was essential to understanding his celebrated static theory of law as elaborated in Chapter four of his book on the Pure Theory of Law see subsection above.

This dualism is, in turn, due to a fallacy of which we meet numerous examples in the history of all fields of human thought. Each basic norm determines, as it were, a certain point of view. However, a norm can only be legally valid if it belongs to a system, a legal order, that is by and large actually practiced by a certain population.


Obedience, Respect, and Legitimacy.

Hans Kelsen – Wikipedia

Oxford Journal of Legal Studiesvol. This kind of foundation of public law is clearly extremely fragile. Kelsen adapted and assimilated much of Merkl’s approach into his own presentation of the Pure Theory of Law in both its original eklsen and its revised version Notice that legal validity is always relative to a time and place.

There are, to be sure, notable dissenters, at least from the view that such claims are essential to law.

Grundnorm Law and Legal Definition

Leben und WerkeVienna: Retrieved from ” https: Few scholars in the study of law were able to match his ability to engage and often polarize legal opinion during his own lifetime and extending well into his legacy reception after his death. The meaning of his theory can therefore be understood only when we have subjected to critical scrutiny its keystone of negation.

This approach will raise questions regarding what has become a consensus view in contemporary jurisprudence: And we can see why: Wikiquote has quotations related to: