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Kelsen, Hans
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Kelsen, Hans (1881–1973)

Austrian-American jurist and philosopher. In analysing the structure of law, he argued that a legal system was a hierarchy of norms. Each norm, or legal proposition, was validated by a previous norm leading back to a fundamental postulate, or Grundnorm; for example, the will of the queen in Parliament. Thus the law and the state were essentially the same. This he called the pure theory of law; pure because it was free from any ethical, ideological, or sociological considerations.



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Either one person is entrusted with drafting the full document, as is said of constitutional scholar Hans Kelsen for Germany's Weimar constitution or General de Gaulle's trusted aide Michel DebrE[umlaut] for France's 1958 Constitution, or it is a decidedly collective endeavor of several "founding fathers.
During discussions at that time, the leading scholarly source on the UN Charter, who was quoted by representatives on both sides of the debate, was Professor Hans Kelsen, who was then teaching international law at the University of California.
I will conclude by briefly treating an issue, which I believe is actually a non-issue, that has exercised some influential modern critics of natural law theory, such as Hans Kelsen.
 
 
 
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