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Kelsen is considered one of the preeminent jurists of the 20th century. His legal theory, a very strict and scientifically understood type oflegal positivism, is based on the idea of a Grundnorm, a hypothetical norm on which all subsequent levels of a legal system such as constitutional law and "simple" law are based. His theory has followers among scholars of public law worldwide. His disciples developed "schools" of thought to extend his theories, such as the Vienna School in Austria and the Brno School in Czechoslovakia. In the English-speaking world, H. L. A. Hart and Joseph Raz are perhaps the most well-known authors who were influenced by Kelsen, though both departed from Kelsen's theories in several respects. Kelsen's was a negative influence on Carl Schmitt, who criticized Kelsen's work on sovereignty in Political Theology and elsewhere. In turn, Kelsen wrote that only the belief in a "theology of the State" could justify the refusal to acknowledge the binding nature of international law upon "sovereign" states. For Kelsen, "sovereignty" was a loaded concept: "We can derive from the concept of sovereignty nothing else than what we have purposely put into its definition."[2]
What else can I help you with?
Who defind law as the depsychologised command?
Kelsen
Why kelsen theory is considered empty vase that can receive any content?
Kelsen's theory is often seen as an empty vessel because it provides a formal structure for analyzing legal systems without prescribing specific moral or political content. By focusing on the pure form of law and legal norms, Kelsen's theory can be adapted to different contexts and value systems, making it a flexible framework for understanding law regardless of its specific content.
Who propounded the Monistic theory of Sovereignty?
Monistic theory of sovereignty is theory of sovereignty in which some group of people or party or community exercise sovereign power and the sovereign must be in determinate .The will of this determinate person is supreme and is not subjected to any kind of control and they don't obey any other authority. The command of this determinate humans superior is the essence of law to be obeyed. His sovereign power is indivisible and to divide it is to destroy it.
What were Kelsen's arguments against natural law?
Natural law theory exaggerates the relation of law and morality. Positive law is a reaction against particularly that aspect of Natural law theory. It insists on a distinction between human law, which they call positive law and moral and scientific laws. Human laws are posits of human society while scientific laws are independent of what we take them to be.
Who observed that international is the vanishing point of jurisprudence?
The observation that "international is the vanishing point of jurisprudence" is attributed to the legal scholar Hans Kelsen. He argued that the complexities and ambiguities of international law often lead to a diminishing clarity and applicability compared to domestic legal systems. Kelsen's perspective highlights the challenges of enforcing international law and the limitations of its authority in the absence of a central governing body. This idea underscores the intricate relationship between law, sovereignty, and global governance.
What is Hans Kelsen 's theory all about in simple language?
How much time have you got??? :) As simple as I can put it, Kelsen believes we all live by a system of norms, these are standards or rules that tell us how something ought to be. Norms have 2 distinguishing features 1: They are set within a hierarchy 2: Breaching a legal norm will lead to a sanction or repremand Kelsen believes in 3 types of argument based on premise 1 DEDUCTIVE ARGUEMENT a) All men are mortal (MAJOR PREMISE) b) Socrates is a man (MINOR PREMISE) C) Therefore Socrates is mortal (CONCLUSION) 2INDUCTIVE ARGUMENT a)all swans seen so far by mankind are white b) Alan has a pet swan c)therefore, Alan's swan is (probably) white 3:ABDUCTIVE ARGUMENT a)in the history of judicial decisions they seem to deviate from stated legal principles b)the best explanation of this is that judges are deciding cases on personal bias and opinion c)Therefore judges (probably) decide case on personal bias KELSENS THEORY ON NORMS, each number is called a premise and uses the same argument as above 1 norms of ordinary law are valid 2 norms can only be validated by other norms 3 (1) is only possible if and only if their are norms which validate it 4 norms of ordinary law (law written down, constitution, legislation etc) are validated by higher norms 5 there is a hierarchy of legal norms 6 this higherarchy cannot be infinite 7 therefore, there must be a highest norm 8: this highest norm is called a grundnorm This isn't very detailed but is enough to expand on and pass a test on Kelsen best of luck MG Smith (Bachelor of Law Cambridge University UK) (Masters of Jurisprudence, Durham University UK) (final year PhD student of Legal Philosophy Cambridge University UK)
Who had remarked that it is sad truism that international law is still the vanishing point of jurisprudence?
Hans Kelsen, an Austrian jurist and legal philosopher, made this remark. He expressed the sentiment that despite efforts to establish and enforce international laws, they are often disregarded or not given sufficient importance in the field of jurisprudence.
Why do people become so obsessed with video games?
Because they are losers! Simple as that. They are disgusted with their reality and with that I mean the lives they've created for themselves so they seek distance from it in the virtual reality that video games create. I can spend a lot of time going into further detail but I'd rather go and study "The pure theory of law" from Hans Kelsen or maybe kiss my grandmother... There are precisely 1,000,000,000,000,001 things that are better for the human being than playing video games.
WHAT is the meaning of the grundnorm in kelson's pure theory of law?
The Grundnorm, or 'basic norm' is the highest form of validity in Kelsen's system of legal norms. The reason for the validity of a norm is another norm, with the basic norm being of the highest authority (usually stated as the basic norm giving validity to the constitution).
What is the Difference between imperative theory and pure theory of law?
command of sovereign sanctioned by punishments is law by imperative theory and law as legal science of norms is by pure theory of law.
How can an idea gain acceptance in the scientific community as either theory or law?
By proving your ideas with extensive evidence and experiments, and publishing them so that others can discuss and either approve or disapprove.
Does a scientific law become a scientific theory?
A theory, when proven over time, can become a law. Example: Law of Gravity and Theory of Evolution
