Kelsen (1811-1973) Hans Kelsen was a jurist and legal philosopher.
In 1912, Kelsen married Margarete Bondi, and the couple had two daughters.
His major work was publicished in 1934 “ Pure
Theory of Law”. After a few years he become more interested in international
law.
Hans Kelsen |
His Theory
Actually, Kelsen is considered one of the best jurist of 20th Century
, especially in Europe and Latin America .
In his “ Pure Theory of Law” he
explain “ the law” as binding norm, “
legal science” is separate from “ legal
politics”. Kelsen contends, the
bindingness of legal norms, their specifically 'legal' character, can be
understood without tracing it ultimately to some “suprahuman” source such as God,
so, the basic norm is presupposed by the jurist, from which in a hierarchy all 'lower' norms in a legal system,
beginning with constitutional
law, are understood to derive their authority or
'bindingness'.
Kelsen's Pyramid |
No hay comentarios:
Publicar un comentario