Kelsen

Hans Kelsen (1881–1973) was an Austrian legal philosopher and one of the most influential figures in 20th-century legal positivism. He is best known for the Pure Theory of Law, which treats law as a system of norms and emphasizes the autonomy of legal theory from morality. A central concept in his work is the Grundnorm, or basic norm, a presupposed foundation from which the validity of all lower norms in a legal order is derived.

In Kelsen’s view, legal validity is hierarchical: each norm derives its authority from a higher norm, culminating in the Grundnorm. This structure allows for a rigorous, descriptive analysis of law that remains agnostic about moral评价. He argued for a clear separation between law and morality and applied this approach to both domestic constitutions and international law, treating international norms as part of a distinct legal order with its own normative basis.

Kelsen’s major works include The Pure Theory of Law (1934) and General Theory of Law and State (1945). His writings contributed to debates on constitutional design, the legitimacy of legal authority, and the methodology of legal science, influencing later theories of jurisprudence and international law. Critics have challenged the Grundnorm as a fictional or unverifiable presupposition, while supporters view it as a useful tool for explaining the grounds on which legal systems claim authority.

Born in Prague, then part of Austria-Hungary, Kelsen studied and taught at the University of Vienna. He emigrated to the United States in 1933 amid the rise of Nazism, continuing his scholarship there before returning to Europe later in his career. His work remains a cornerstone of discussions on legal validity, hierarchy of norms, and the relationship between law and morality.