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Basic Norm
() is a concept in the '' Pure Theory of Law'' created by Hans Kelsen, a jurist and legal philosopher. Kelsen used this word to denote the basic norm, order, or rule that forms an underlying basis for a legal system. The theory is based on a need to find a point of origin for all law, on which basic law and the constitution can gain their legitimacy (akin to the concept of first principles). This basic norm, however, is often described as hypothetical. Reaction to the term has fallen into three broad areas including (i) Kelsen's original introduction of the term, (ii) the Neo-Kantian reception of the term by Kelsen's critics and followers, and (iii) the hypothetical and symbolic use of the term through the history of its application. Origins Regarding Kelsen's original use of the term, its closest antecedent appears in writings of his colleague Adolf Merkl at the University of Vienna. Merkl was developing a structural research approach for the understanding of law as a mat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pure Theory Of Law
''Pure Theory of Law'' is a book by jurist and legal theorist Hans Kelsen, first published in German in 1934 as , and in 1960 in a much revised and expanded edition. The latter was translated into English in 1967 as ''Pure Theory of Law''. The title is the name of his general theory of law, ''Reine Rechtslehre''. Kelsen began to formulate his theory as early as 1913, as a "pure" form of "legal science" devoid of any moral or political, or at a general level sociological considerations. Its main themes include the concept of "norms" as the fundamental building blocks of law and hierarchical relations of empowerment among them, including the idea of a "basic norm" providing an ultimate theoretical basis of empowerment; the ideas of "validity" and "efficacy" of norms; legal "normativity"; absence of any necessary relation between law and morality; complete separation between description and evaluation of law; and ideas relating to legal positivism and international law. The impac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hans Kelsen
Hans Kelsen (; ; October 11, 1881 – April 19, 1973) was an Austrian and later American jurist, legal philosopher and political philosopher. He is known principally for his theory of law, which he named the " pure theory of law (''Reine Rechtslehre'')", and for his writings on international law and theory of democracy. The "pure theory" provides general foundations for value-independent description of law. As an expert on constitutional law, Kelsen was the principal architect of the 1920 Austrian Constitution, which with amendments is still in operation. The rise of totalitarianism forced him out of Austria, then to Germany and to Switzerland and in 1940 to the United States. Although in 1934 Roscoe Pound lauded Kelsen as "unquestionably the leading jurist of the time", the pure theory was rarely understood in the United States and Kelsen was never given a permanent position in a law school. He was employed in the department of politics at the University of California, Berke ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurist
A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) and often a Lawyer, legal practitioner. In the United Kingdom the term "jurist" is mostly used for legal academics, while in the United States the term may also be applied to a judge. With reference to Roman law, a "jurist" (in English) is a jurisconsult (''iurisconsultus''). The English term ''jurist'' is to be distinguished from similar terms in other European languages, where it may be synonymous with legal professional, meaning anyone with a professional law degree that qualifies for admission to the legal profession, including such positions as judge or attorney. In Germany, Scandinavia and a number of other countries ''jurist'' denotes someone with a professional law degree, and it may be a protected title, for example Legal education in Norway, in Norway. Thus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy Of Law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norm (philosophy)
Norms are concepts ( sentences) of practical import, oriented to affecting an action, rather than conceptual abstractions that describe, explain, and express. Normative sentences imply "ought-to" (or "may", "may not") types of statements and assertions, in distinction to sentences that provide "is" (or "was", "will") types of statements and assertions. Common normative sentences include commands, permissions, and prohibitions; common normative abstract concepts include ''sincerity'', ''justification'', and ''honesty''. A popular account of norms describes them as reasons to take action, to believe, and to feel. Types of norms Orders and permissions express norms. Such norm sentences do not describe how the world ''is'', they rather prescribe how the world ''should be''. Imperative sentences are the most obvious way to express norms, but declarative sentences also may be norms, as is the case with laws or 'principles'. Generally, whether an expression is a norm depends on wha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First Principles
In philosophy and science, a first principle is a basic proposition or assumption that cannot be deduced from any other proposition or assumption. First principles in philosophy are from first cause attitudes and taught by Aristotelians, and nuanced versions of first principles are referred to as postulates by Kantians. In mathematics and formal logic, first principles are referred to as axioms or postulates. In physics and other sciences, theoretical work is said to be from first principles, or '' ab initio'', if it starts directly at the level of established science and does not make assumptions such as empirical model and parameter fitting. "First principles thinking" consists of decomposing things down to the fundamental axioms in the given arena, before reasoning up by asking which ones are relevant to the question at hand, then cross referencing conclusions based on chosen axioms and making sure conclusions do not violate any fundamental laws. Physicists include counterint ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Neo-Kantian
In late modern philosophy, neo-Kantianism () was a revival of the 18th-century philosophy of Immanuel Kant. The neo-Kantians sought to develop and clarify Kant's theories, particularly his concept of the thing-in-itself and his moral philosophy. Origins The "back to Kant" movement began in the 1860s, as a reaction to the German materialist controversy in the 1850s. In addition to the work of Hermann von Helmholtz and Eduard Zeller, early fruits of the movement were Kuno Fischer's works on Kant and Friedrich Albert Lange's ''History of Materialism'' ('' Geschichte des Materialismus'', 1873–75), the latter of which argued that transcendental idealism superseded the historic struggle between material idealism and mechanistic materialism. Fischer was earlier involved in a dispute with the Aristotelian idealist Friedrich Adolf Trendelenburg concerning the interpretation of the results of the Transcendental Aesthetic, a dispute that prompted Hermann Cohen's 1871 seminal w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hermann Cohen
Hermann Cohen (; ; 4 July 1842 – 4 April 1918) was a German philosopher, one of the founders of the Marburg school of neo-Kantianism, and he is often held to be "probably the most important Jewish philosopher of the nineteenth century". Biography Cohen was born in Coswig, in the Principality of Anhalt-Bernburg. He began to study philosophy early on, and soon became known as a profound Kant scholar. He was educated at the Gymnasium at Dessau, at the Jewish Theological Seminary of Breslau, and at the universities of Breslau, Berlin, and Halle. In 1873, he became ''Privatdozent'' in the philosophical faculty of the University of Marburg; the thesis with which he obtained the ''venia legendi'' being ''Die systematischen Begriffe in Kant's vorkritischen Schriften nach ihrem Verhältniss zum kritischen Idealismus''. Cohen was elected Professor extraordinarius at Marburg in 1875 and Professor ordinarius the following year. He was one of the founders of the "Gesellschaft zur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habilitation
Habilitation is the highest university degree, or the procedure by which it is achieved, in Germany, France, Italy, Poland and some other European and non-English-speaking countries. The candidate fulfills a university's set criteria of excellence in research, teaching, and further education, which usually includes a dissertation. The degree, sometimes abbreviated ''Dr. habil''. (), ''dr hab.'' (), or ''D.Sc.'' ('' Doctor of Sciences'' in Russia and some CIS countries), is often a qualification for full professorship in those countries. In German-speaking countries it allows the degree holder to bear the title ''PD'' (for ). In a number of countries there exists an academic post of docent, appointment to which often requires such a qualification. The degree conferral is usually accompanied by a public oral defence event (a lecture or a colloquium) with one or more opponents. Habilitation is usually awarded 5–15 years after a PhD degree or its equivalent. Achieving this ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hans Vaihinger
Hans Vaihinger (; ; September 25, 1852 – December 18, 1933) was a German philosopher, best known as a Kant scholar and for his ''Die Philosophie des Als Ob'' ('' The Philosophy of 'As if'''), published in 1911 although its statement of basic principles had been written more than thirty years earlier. Early life and educationy Vaihinger was born in Nehren, Württemberg, Germany, near Tübingen, and raised in what he described as a "very religious atmosphere". He was educated at the University of Tübingen (the Tübinger Stift), Leipzig University, and the University of Berlin. Career Vaihinger became a tutor and later a philosophy professor at the University of Strasbourg. In 1884 he moved to the University of Halle, where from 1892 he was a full professor. Personal life and death By 1900 Vaihinger’s health had deteriorated. His health, especially his failing eyesight, forced Vaihinger to step down from his professorship. In 1926 Vaihinger suffered complete blindness. V ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dennis Lloyd, Baron Lloyd Of Hampstead
Dennis Lloyd, Baron Lloyd of Hampstead, QC (22 October 1915 – 31 December 1992) was a British jurist, and was created a life peer on 14 May 1965 as Baron Lloyd of Hampstead, ''of Hampstead in the London Borough of Camden''. He was appointed Quain Professor of Law at the University of London in 1956, and Head of Department of Laws from 1969 to 1981. He became a Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ... in 1975. He was an architect of the Rent Act of 1965. Publications * ''The Idea of Law'' (1964) * ''Introduction to Jurisprudence'' (1959) References Crossbench life peers English legal scholars 1915 births 1992 deaths Academics of University College London British King's Counsel Life peers created by Elizabeth II 20th-century King's Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norm (social)
A social norm is a shared standard of acceptance, acceptable behavior by a group. Social norms can both be informal understandings that govern the behavior of members of a society, as well as be codified into wikt:rule, rules and laws. Social normative influences or social norms, are deemed to be powerful drivers of human behavioural changes and well organized and incorporated by major theories which explain human behaviour. Institutions are composed of multiple norms. Norms are shared social beliefs about behavior; thus, they are distinct from "ideas", "attitudes", and "values", which can be held privately, and which do not necessarily concern behavior. Norms are contingent on context, social group, and historical circumstances. Scholars distinguish between regulative norms (which constrain behavior), constitutive norms (which shape interests), and prescriptive norms (which prescribe what actors ''ought'' to do). The effects of norms can be determined by a logic of appropriateness ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
