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	Online edition of Daily News - Features
		Kelsen has been belittled and subject to much criticism on the basis that his theories are of questionable validity and do not stand the test of intense scrutiny.
		Kelsen asserts that his theory is "pure" because "it only describes law and attempts to eliminate from the object of this description everything that is not strictly law" (Hans Kelsen, The Pure Theory of Law (M Knight trans., Berkley, Calif: University of California Press, 1967), at p.
		Kelsen attempted to extract a theory that was not polluted by moral judgments, political biases and sociological conclusions in his quest for a scientific description of law.
	www.dailynews.lk /2004/06/04/fea01.html (998 words)

	Encyclopedia: Hans Kelsen
		Hans Kelsen (Prague, October 11, 1881 â“ April 19, 1973) was an Austrian -American jurist of Jewish descent.
		Kelsen was appointed to the Constitutional Court, for life term.
		Kelsen is considered one of the preeminent jurists of the 20th century.
	www.nationmaster.com /encyclopedia/Hans-Kelsen (1553 words)

	Hans Kelsen - Encyclopedia.WorldSearch (Site not responding. Last check: )
		Hans Kelsen (born October 11, 1881, Prague, died April 19, 1973) was an Austrian and American jurist of Jewish descent.
		Following increasing political controversy about some positions of the Constitutional Court and an increasingly conservative climate, Kelsen, who was a social democrat, was removed from the court in 1930.
		His legal theory, a very strict and scientifically understood type of 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.
	encyclopedia.worldsearch.com /hans_kelsen.htm (467 words)

	Hans Kelsen: International Peace through International Law
		Kelsen acknowledges that the lack of a judicial body to ascertain the initial breach of international law and authorize war as a sanctioning act is a grave shortcoming in the international legal system: it is indeed the pointer to its 'primitive' nature.
		Kelsen is concerned above all to establish that all human subjects are bound to obey the international norms (even if in passing he maintains that international law is competent also to deal with a state's duties towards its citizens (27)).
		Kelsen's expectation, to which he alludes, that the Great Powers might play the part of rigorous guarantors of international law by respecting its norms and applying the verdicts of an international court, even when in conflict with their vital interests, is surely too optimistic.
	www.juragentium.unifi.it /en/surveys/thil/kelsen.htm (8127 words)

	Hans Kelsen - Biography, Legal theory, Footnote
		Kelsen is considered one of the preeminent jurists of the 20th century.
		Kelsen 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.
	encyclopedia.stateuniversity.com /pages/9429/Hans-Kelsen.html (478 words)

	Law & Politics Book Review: Reviews Home
		Kelsen gradually abandons the theory of the state in order to favor that of law, because that tack leads him to the conclusions of his major assertion that the state “is” the law, namely, the juridical system.
		Indeed, it leads Kelsen to a contradiction: on the one hand, he maintains that the science of law is a science in the sense that it is a description of facts; on the other, he asserts that norms are not facts, but “oughts” and that the science of law can describe these norms.
		Kelsen responds very simply that a norm is valid “if it belongs to such a valid system of norms, if it can be derived from a basic norm constituting the order” (p.111).
	www.bsos.umd.edu /gvpt/lpbr/reviews/2007/03/general-theory-of-law-and-state.html (1541 words)

	Hans Kelsen (Site not responding. Last check: )
		Hans Kelsen - Institut Informationen über das Kuratorium der Bundesstiftung, den Vorstand und die Tätigkeiten.
		Hans Albers-Gedenkbuch Ein Gästebuch für persönliche Gedanken zu Hans Albers und seinem Lebenswerk.
		Hans Albers (1891-1960) Erzählt Geschichten und Anekdoten und zeigt Fotos vom Hans-Albers-Haus.
	www.serebella.com /encyclopedia/article-Hans_Kelsen.html (218 words)

	German Law Journal - Book Review — Kelsen's Highest Moral Ideal
		[1] Hans Kelsen was born in Prague in 1881.
		Kelsen's own secular vision of the law, as an instrument for peace and union between different peoples, was very much inspired by the tolerant policies of the Dual Monarchy concerning the ethnic and national minorities in its territory.
		Kelsen shows clearly that the first alternative, the primacy of the sovereign state's law, cannot serve as the basis of a conception of international law as such.
	www.germanlawjournal.com /article.php?id=200 (5953 words)

	[No title]
		Kelsen proposes that the jurist—the legal scientist—should ‘presuppose’, as the meaning of a juristic act of thought, a norm prescribing that the historically first constitution ought to be obeyed: ‘One ought to obey the prescriptions of the historically first constitution’.
		Kelsen specifies it, in Kantian terms, as a transcendental-logical presupposition—or, a constitution ‘in a transcendental-logical sense’—that is, not a proposition describing law but a rational condition for constructing propositions describing law. Nonetheless, for the case of a particular legal order, the particular basic norm refers to a real constitution.
		Kelsen held, in these terms, that the basic norm is a ‘genuine fiction’ because, in addition to being a concept of something that does not in fact exist, it is self-contradictory in that it embodies an infinite regress. This doesn’t work either.
	www.law.mq.edu.au /staff/stewarti/JLSKelsen.doc (14048 words)

	LegalTheory.ORG - Философия, теория и история на държавата и правото
		Hans Kelsen was born in Prague on 11 October 1881 and raised in Vienna.
		Kelsen speaks of ‘the state’ in a broad and a narrow sense.cxli The state in the broad sense is defined by territory and population.
		Kelsen proposes that the jurist—the legal scientistclvi—should ‘presuppose’, as the meaning of a juristic act of thought, a norm prescribing that the historically first constitution ought to be obeyed: ‘One ought to obey the prescriptions of the historically first constitution’.
	www.legaltheory.org /index.php?rid=41&id=58 (17474 words)

	Hans Kelsen (1881 - 1973) Biographical Note and Bibliography
		Hans Kelsen was not only a very great jurist, he was a man of exceptional personal qualities who overcame many obstacles and setbacks in a life rich in events, changes and challenge.
		Kelsen was born in Prague on 11 October 1881.
		The influence of Kelsen continues to be felt in areas as far-ranging as the general theory of law (Pure Theory of Law), critical legal positivism (constitutional law and international law), philosophy of law (issues of justice, natural law), sociology (causality and retribution), political theory (democracy, socialism, Bolshevism) and critiques of ideology.
	www.ejil.org /journal/Vol9/No2/art11.html (1768 words)

	Hans Kelsen
		Although Kelsen was resolutely agnostic, he converted to Catholicism in 1905 in an attempt to avoid integration problems.
		Concentrating largely on international law, Kelsen held courses and wrote on themes such as the transformation of international law into state law, the revision of the Covenant of the League of Nations and customary law.
		In 1942, with the support of the famous American jurist Roscoe Pound, who considered Kelsen to be one of the leading jurists worldwide, he became visiting professor at the University of California, Berkeley, in the Department of Political Science.
	www.unostamps.nl /person_kelsen.htm (1164 words)

	Max Weber e Hans Kelsen: a Sociologia e a Dogmática Jurídicas
		Hans Kelsen foi um de seus principais contendedores, sem que em virtude disso tenha deixado de reconhecer a clarividência do pensamento weberiano sobre a definição da sociologia jurídica.
		Kelsen já havia tecido severas críticas a Kantorowicz e Erlich contestando o posicionamento desses autores conquanto a afirmarem ser a Sociologia do Direito a única ciência capaz de definir o fenômeno jurídico, de forma a reduzir a ciência do direito a uma disciplina sociológica[8].
		Referimo-nos aqui ao fato da proposição de Kelsen que afirmava necessária “dependência” da sociologia jurídica perante a ciência jurídica, visto que para delimitar a o que viria a ser “direito”, a primeira se utilizava conceitos engendrados pela segunda.
	www.uem.br /~urutagua/005/03dir_silveira.htm (4548 words)

	The Pure Theory of Law (Stanford Encyclopedia of Philosophy)
		The jurisprudence Kelsen propounded “characterizes itself as a ‘pure’ theory of law because it aims at cognition focused on the law alone” and this purity serves as its “basic methodological principle.” [PT1, 7] Note that this anti-reductionism is both methodological and substantive.
		More concretely, Kelsen maintained that in tracing back such a ‘chain of validity’ (to use Raz's terminology), one would reach a point where a ‘first’ historical constitution is the basic authorizing norm of the rest of the legal system, and the Basic Norm is the presupposition of the validity of that first constitution.
		Kelsen was convinced that any attempt to ground the law's normativity, namely, its ‘ought’ aspect, is doomed to failure if it is only based on facts, whether those facts are natural or social.
	plato.stanford.edu /entries/lawphil-theory (2825 words)

	HANS KELSEN
		Hans Kelsen nacque a Praga nel 1881, studiò e insegnò Diritto all'università di Vienna e allo stesso tempo fu collaboratore per il progetto per la costituzione della repubblica austriaca e fu giudice presso la Corte Costituzionale austriaca dal 1921 al 1930.
		In opposizione a questo, Kelsen rileva che lo Stato può anche servire contro lo sfruttamento economico e che non esistono garanzie di una scomparsa definitiva dei motivi di divisione e di lotta.
		Kelsen è del parere che non sia possibile alcun ordinamento sociale senza una qualche coercizione dell'uomo sull'uomo.
	www.filosofico.net /kelsen.htm (1177 words)

	Hans Kelsen im Wiener Verlag Manz
		Kelsen verließ in der Folge Wien und Österreich und wurde 1930 Professor an der Universität Köln, wo er 1933 aufgrund seiner jüdischen Abstammung vor den Nationalsozialisten fliehen musste.
		Clemens Jabloner stellt voran, dass Kelsen mit seiner reinen Rechtslehre eine modernen Erfordernissen entsprechende Wissenschaft vom Recht begruenden wollte.
		Kelsen verweist in diesem Zusammenhang auf das neue Fach der Soziologie.
	ejournal.thing.at /Kritik/kelsenmanz.html (2461 words)

	Pure Law
		Kelsen was remarkable for insisting on the special rationality of law.
		And, as Kelsen, who was Jewish, clearly saw, it was only with the formality and neutrality of its law that the empire could be held together and peace could be preserved.
		With the same clarity, Kelsen perceived the fragility of international law and devoted his later years to it, holding to his conviction that law, by being formal, neutral and therefore acceptable to all, can and will fulfill its highest calling: creating and sustaining peace.
	partners.nytimes.com /library/magazine/millennium/m1/schlink.html (463 words)

	Straussian.net Discussions: Strauss and Kelsen (Site not responding. Last check: )
		In Natural Right, Kelsen is quoted from his Algemeine Statslehre, where he expresses impatience with the naive and presumptuous upholders of natural right, who could not see what was clear to him, that despotism is as legitimate a form of government as any other.
		Kelsen, however, firmly believed in Hume's distinction between ‘is’ and ‘ought’, and in the impossibility of deriving ‘ought’ conclusions from factual premises alone.
		Kelsen's reply is enchantingly simple: we ascribe a legal ought to such norm-creating acts by, ultimately, presupposing it.
	www2.bc.edu /~wilsonop/cgi-bin/discus/discus.cgi?pg=next&topic=1&page=9 (521 words)

	norm and grundnorm and hans kelsen and jeremy bentham and kant and norma normans and norma normata
		norm and grundnorm and hans kelsen and jeremy bentham and kant and norma normans and norma normata
		What Kelsen was so interested in doing after WWI (he was involved in drawing up a constitution for modern Austria after the dismemberment of Austria-Hungary by WWI) was to try to "ground" law in some untouchable, basic, fundamental principles that would withstand the withering scorn and acids of the 20th century.
		That is, Kelsen was thoroughly steeped in the "modern" world of positivist law, originating in Bentham in the late 18th century, but was aware that the weakness of positivism was its inability to do more than to "describe" a situation.
	www.drbilllong.com /CurrentEventsV/Norm.html (794 words)

	Hans Kelsen
		Hans Kelsen was a European legal philosopher and teacher who emigrated to the United States in 1940 after leaving Nazi Germany.
		Kelsen is most famous for his studies on law and especially for his idea known as the pure theory of the law.
		Kelsen believed that law is a science that deals not with the actual events of the world (what is) but with norms (what ought to be).
	law.jrank.org /pages/7974/Kelsen-Hans.html (554 words)

	SSRN-Hans Kelsen and the Logic of Legal Systems by Michael Green
		Hans Kelsen's formalism and Kantianism have been barriers to an appreciation of his work in the United States.
		Analogously, Kelsen argued that legal meanings are abstract objects.
		Kelsen proposed an analysis of the necessary relations between legal meanings - a logic of legal systems - that is similar to the Fregean logician's account of language.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=455620 (390 words)

	PrawfsBlawg: Kelsen one last time
		Kelsen thinks that they are not, and he has some very creative ways of showing how apparent conflicts are not conflicts at all.
		While Kelsen (like the well-known German legal philosopher Gustav Radbruch, who was a contemporary of Kelsen) was inspired by neo-Kantianism, this does not in itself mean that his style of reasoning is obscure.
		Also, Kelsen arrives at the idea of the basic norm as a result of having discussed the validity of legal norms in light of the distinction between Is (Sein) and Ought (Sollen) and the conceptual separation between law and morality.
	prawfsblawg.blogs.com /prawfsblawg/2007/10/why-should-we-r.html (2050 words)

	Jus Navigandi - Doutrina - Direito e Ciência na Teoria Pura do Direito de Hans Kelsen
		Kelsen ressalva, ou alerta, que embora se utilize da expressão dever-ser, o sentido dessa expressão traz na proposição da ciência jurídica um caráter meramente descritivo, ainda que o objeto dessa descrição - a norma jurídica - não seja um fato da ordem do ser, mas também um dever-ser.
		Ainda raciocinando analogicamente, Kelsen compara as leis naturais, elaboradas pela Física, enquanto descrição da ordem natural (ser), com as proposições descritivas da ordem jurídica, produzidas pela ciência jurídica, que ele então denomina leis jurídicas, que não são propriamente as normas jurídica (dever-ser), mas apenas a sua descrição científica.
		Mas aí, Kelsen é forçado a reconhecer que não é possível para a ciência jurídica estabelecer qualquer tipo de juízo preventivo acerca das decisões judiciais, pois o juiz assim como o legislador cria direito novo, condicionados apenas formalmente por uma moldura normativa.
	www1.jus.com.br /doutrina/texto.asp?id=2644 (4880 words)

	Hans Kelsen
		Born in Prague, he moved to Vienna with his family when he was three years old.
		Following increasing political controversy about some positions of the Constitutioal Court and an increasingly conservative climate, Kelsen, who was a social democrat, had to resign from the court in 1930 and went on to teach at the University of Cologne.
		His disciples developed "schools" of thought to extend his theories, such as the Vienna School in Austria and the Brno School in Czechoslovakia.
	en.mcfly.org /Hans_Kelsen (347 words)

	Brian Leiter's Legal Philosophy Blog: Michael Green and Hans Kelsen Redux
		Kelsen is a Neo-Kantian and the distinction between the transcendent and the transcendental is basic Kant.
		Kelsen can believe what he wants about the status of the Grundnorm, but that is neither here nor there (in philosophy, authors do not get to settle questions about the coherence or nature of their claims!).
		Regarding the original question--why Kelsen looms larger outside than inside the Anglophone world--I would particularly call the attention of readers to the long comment (scroll down) by Giovanni Ratti (Girona) regarding the appeal of Kelsen's jurisprudential theory for civil law countries.
	leiterlegalphilosophy.typepad.com /leiter/2007/10/michael-green-a.html (1599 words)

	KELSEN, Hans., Hauptprobleme der Staatsrechtslehre entwickelt aus der Lehre vom Rechtssatze. (Site not responding. Last check: )
		KELSEN, Hans., Hauptprobleme der Staatsrechtslehre entwickelt aus der Lehre vom Rechtssatze.
		Kelsen (1881-1973), born in Prague, was of Jewish blood and suffered from anti-semitic prejudice in the first part of his career.
		Here Kelsen is interested in principle rather than statute; he analyses the underlying causes and purposes of law, its development, the particular meaning of concepts which underlie many formulations (for example intention - Wille - whether some effect is intended) and the theory and practice of legislation.
	www.polybiblio.com /quaritch/H882.11.html (331 words)

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