Biography Kelsen

Try the literature selection service. You can always turn off the advertisement. Hans Kelsen -: Main Stages of Theoretical Research This Article Deals with The General Characterization of the Legal Conception Elaboration by the 20th Century Prominent Jurist Hurist Hurist Kelsen - The Author Examines The Major Stages of the Biography and Intellectual Formation of this Austrian Legal Thinker.

A special Attenation is Drawn to the Period Before the Second World War. The Article Features a Conclusion that it is during this Period to the Philosophical and Conceptual Basis of the Pure Theory of Law Was Laid Down. Antonov Associate Professor of the Department of Theory and History of Law and State of the Law Faculty of the St. Petersburg Branch of the National Research University "Higher School of Economics", a candidate of legal sciences in the article gives a general characteristic of the legal concept of the famous lawyer of the 20th century Hans Kelsen-and the basic biographical facts of his intellectual path are investigated.

The author especially emphasizes the connection between the development of Kelzen's ideas about the law and his practical activity as a teacher, lawyer, judge. The work focuses on the formation of the views of the Austrian scientist before the outbreak of World War II - it was during this period, according to the author of the article, the worldview and conceptual foundations of pure doctrine of law were laid.

Key words: Kelsen, pure doctrine of law, normativeness, law and order, basic norm, constitutional supervision, philosophy of law, legal positivism. Kelzen’s legal concept was perhaps one of the main objects of philosophical and legal reflection and criticism in the 20th century. This concept marks a peculiar point of non -return for jurisprudence - the impossibility of naive faith in the objectivity and ideological neutrality of the concepts of legal dogma.

The critical work of the author of the pure teaching of the right led to the collapse of many myths about the necessary boundaries between subjective and objective, public and private, international and state law, etc. Moreover, Kelsen posed to the science of the right, the service of which has devoted his life, the issues of which this science can no longer move away: about the latest reasons for reality of legal norms, about epistemological conditions of the unity of the legal order, the relationship of the concepts of state and law.

In the modern Western legal tradition, Kelsen's teachings are a kind of locus, a top if you use the terms of rhetoric, around which scientific discussions are built on the rule of law. Indeed, Kelzen's work includes more than 11 thousand pages, not counting archival materials. Therefore, a full-scale description, a commentary on the entire political and legal concept seems to be difficult to fulfill publications devoted to the analysis of all aspects of Kelzen's creative heritage at once in world science.

In the present work dedicated to the letnut of this thinker, we do not set the task of telling about Kelsen everything or at least much - for this purpose it would be necessary to publish extensive monographs. Taking into account the rather modest volumes of Russian -speaking research on Kelzen's work, we will focus on the most important moments of the thinker’s intellectual path, the influence of these moments on the formation of the views of the Austrian lawyer.

The development of a pure doctrine of law - in fact, the doctrine of legal norms - was the central topic of the work of Hans Kelsen, although not the only one. The scientific program of deideologization of knowledge about law, the study of law as a self -proclaimed regulatory mechanism, delimiting the spheres of normative and actual, overcoming the dualism of law and the state Kelzen already outlined in his first major study “The main problems of the doctrine of state law, developed from the point of view of the doctrine of the legal rules” - in a critical study aimed at the most important problems of public law ”2.

After this publication, the main outlines of the critical program of pure doctrine about the right aimed at debunking ideological dogmas and prejudices about law3 became clear. The intermediate result of the implementation of this program was summed up by the first edition of the “pure doctrine of law” 4. Over time, Kelsen revises individual elements of his teaching; The most significant results of such a revision are the second edition of the “pure doctrine of law” 5, as well as the sketches of the new theory of norms that were published after the death of Kelzen under the name “General theory of norms” 6.

We dare to argue that none of the listed or other works reflects the completeness and diversity of Kelzen's ideas about the right7. Kelsen found in the science of state law of that time “terrible confusion of various issues, constant mixing of questions, identifying the question of what has a positive right, with the question of how it should be with a particular worldview position.

Kelsen H.HauptProbleme der Staatsrechtslehre, Entwickelt aus der Lehre vom Rechtsatz. Reine Rechtslehre. Leipzig; "Wyen, pure doctrine of the right. Wyen, Lezov, Yu. Allgemeine Theorie Der Normen. The basis of this program was the neo -Kalesen neo -Kantian conviction that different methodological approaches lead to the design of various subjects of scientific research - the right as a subject of jurisprudence will be well from the law as the subject of sociology or psychology.

These subjects do not have these subjects The exact correlation in reality is only the scientific constructions that introduce unity into the process of cognition, attributed to objects from the subject of cognition9. It’s not that Kelzen tried to deny the actual measurement of law10 or to declare a study of this measurement with anti -scientific - his idea was to create a separate applied discipline, which would be engaged in a consistent description of the law “as it is” from the point of view of a specific methodology of jurisprudence.

We are talking about a purely instrumental understanding of law, the study of law in its specifics, in the processes of creation and application, and not from the point of view of ideals and ideologies. Kelzen loved to emphasize that his pure teaching only translates to scientific language what ordinary lawyers think about the right, and that he describes how lawyers work with the right, it is not surprising that the tasks that the Austrian thinker set before theoretical law, partly find their explanation in those biographical facts of his professional activity, to the characterization of which we are moving.

We dwell in particular details on the period of the life of the thinker before the Second World War, since it was during this period that its basic worldview and scientific principles formed. Subsequently, during the years of emigration in the United States, the foundations of Kelzen's concept did not undergo cardinal changes, although the scientist revised a number of provisions of pure doctrine of law.

But from the point of view of the formation of the worldview base of his views, these changes are secondary. Kelzen was born on October 11 in Kelzen entered at eighty, cannot be considered as the final version of his theory. ” Buly-Gin E. Baden-Baden, Der Soziologische und der juristische staatsbegriff. Chicago, expanded English translation - Kelsen H. Society and Nature.

A Sociological Inquiry. Although in general terms, these sociological ideas of Kelzen were formulated in Kelzen G. after graduating from a gymnasium in the city after the end of the service, the young man was to choose the future profession. At the insistence of his parents, he entered the Faculty of Faculty of Vienna University, initially not having any craving for jurisdiction, interested in more philosophy and literature, two lecture courses were an exception - lectures on the philosophy of the law of Leo Shttingor in the first year and lectures on state law Eduard Bernacic in the second.

These two subjects seized all the interest of the young man, it was their study that he devoted most of his time, spending a minimum of effort to prepare for exams in other disciplines. The family situation put a young man in a rather difficult situation. His father, because of the disease of the heart with G., at the same time, has an assistant to the lawyer to temporarily get out of difficulties and continued his studies allowed the scholarship for an internship in Heidelberg, which the young researcher received in G.

However, in Heidelberg he could afford to continue to prepare labor on the problems of state law, which he began to work at the same time at the same time in the current Museum of the Academy of Foreign Reading the course on state law and management in the Balkan countries. A year later, a young scientist once again manages to get a scholarship for an internship, this time in Berlin, where he spends the first school year.

Hans Kelsen in Ersten Weltkrieg. In those years, Kelsen writes a couple of articles on a sociological approach to right16, which later served as a methodological basis for criticizing the sociological and legal concept of Oigen Erlich Polemic GG. For several years, he has been teaching at the academy, in the same year the young teacher receives the title of associate professor at the Academy of Foreign Trade after five years of teaching, but, as he writes with irony in his autobiography, “the joy of this success was short -lived” 20, because almost immediately after he received in July, in connection with the outbreak of war, Kelzen was called up to military service, which he was inhabited first in the military prosecutor's office, where he was deprived of the military.

His beliefs supported the charges of political crimes. From there, due to a large number of acquittals in cases with his participation21 in the city, the duties of Kelsen included consideration of applications for pardon in cases of war crimes; In case of positive consideration of the issue, the Ministry of Defense submitted a petition for pardon in the name of the monarch.Such work impressed such a work, subsequently he characterized his activities in this post as “very interesting and corresponding to humane inclinations” in the GG.

Kelsen works in the statistical department of the Ministry of Defense, and in the city The thinker submits several reports on the conduct of state 15 Kelsen H. HauptProbleme Der StaatsHTSLEHRE, ​​Entwickelt Aus Der Lehre Vom Rechtsatze. RECHTSTHEORETISCE PROBLEME DER Soziologie des Rechts. Berlin, RECHTSSOZIOLOGIE UND RECHTSPOSITISMUS. Autobiographie metal: Metall R. Hans Kelsen.

Leben und Werk. But the government reform of the political system was never destined to happen, and in the city of the Gabsburg monarchy Pala. In the war years, all Kelzen’s forces go to work in the ministry, he is practically not published. Nevertheless, from G. the circle was formed in connection with the weekly seminars, which Kelsen spent for students on Saturdays, in his free time in his apartment in the debate at these seminars in the GG.

Kelzen wrote about the outlines of the new theory of law that became clear to him during the war years: “With immersion in the Kantian philosophy of the Marburg direction, which was aimed at the highest degree of purity of methods, my view was increasingly grabbed by numerous very dubious and foggy positions that the theory of law absorbed through the conscious or unrecognized trends of the authors from now on, I became clear and the third became clear to me, and I became clear The most significant dualism lying on the basis of the dominant teaching is the opposition of the state and the law on which both the contrasts previously investigated were based - between the subjective and objective law, between the private and public law, the years of the ministerial service did not go in vain for the academic career of the scientist - with the support of the Minister of Defense, Kelzen manages to bypass the numerous anti -Semitic professions of the Kaiser regime and Enter the teaching position at the University of Vienna.

Teaching at the University of Kelzen begins with such discipline as military law, by which he had thorough practical training. With G., the thinker sympathetically refers to the projects of establishing the constitutional system proposed by the Social Democrats, actively participated in their discussion. This brought its practical fruits-after the came to power of the Social Democrats, when the development of the Austrian Constitution, the Chancellor of the Provisional Government of the Austrian Republic, Karl Renner, a well-known theorist of law, 24 cm, began.