This Article seeks to explain Kelson’s pure theory of law and his whole contribution to legal positivism was influenced and bolstered by his early stay in Vienna, even though the foundational stone laid by Kelsen on legal positivism is clearly distinguished from logical positivism propounded by the pioneers of Vienna circle, in this article I argue the intellectual uplifting Kelsen underwent during the youth he spent in Vienna had left a hallmark in his thoughts. Furthermore this article illustrates how both logical positivism and legal positivism grew parallel in a same time period during two great wars.
Central argument I seek to explain in this article is to demonstrate Hans Kelsen as a legal modernist and how Vienna circle made impacts upon his thoughts.
Table of Contents
1. Abstract
2. Introduction
3. Kelsen and “Grundnorm”
4. Kelsen’s association with Vienna Circle
5. Conclusion
Objectives and Topics
This paper examines the intellectual relationship between Hans Kelsen’s "Pure Theory of Law" and the logical empiricism of the Vienna Circle. It explores how the modernist climate in Vienna between the two World Wars influenced Kelsen’s shift toward a scientific, anti-metaphysical legal positivism, effectively distinguishing his work from traditional natural law theories and Hegel's idealistic philosophy.
- Intellectual influence of the Vienna Circle on Hans Kelsen.
- The divergence between Kelsen's legal positivism and logical positivism.
- Modernism as a unifying factor in early 20th-century Viennese scholarship.
- Kelsen’s rejection of Hegelian idealism and natural law tradition.
- The role of the "Grundnorm" in Kelsen's normative legal system.
Excerpt from the Book
Kelsen’s association with Vienna Circle
As an expert of constitutional law, Kelsen played a key role in drafting the constitution of Austria, which was a philosophical landmark in certain ways as the promulgation of new Austrian constitution marked the dawn of modernist legal thoughts in Europe. Having held a post in Austrian Constitutional Court, Kelsen left Austria for the U.S.A in 1930. However in understanding his intellectual contribution to the realm of jurisprudence throughout his career, it is evident that the days he spent in Vienna and his involvement in Viennese modernist movements crucially sharpened his legal acumen. In an academic paper named “Kelsen and his circle “, Clemens Jabloner has stated the following statement.
“Of Kelsen’s various connections, there are three which merit particular attention: Kelsen’ s relations with the Austrian Social Democratic Party, to which he contributed notably on an intellectual level although he was not a member: the links between the pure theory of law and the logical empiricism of the Vienna circle and his contact with psychoanalysis and its founder Sigmund Freud.”
In tracing Kelsen’s links to Vienna Circle, it is an interesting factor to observe that Kelsen had never been a recognized member of the circle and ostensible Kelsonian standards were purely different from the scientific approach adopted by Vienna circle. In fact the difference between Vienna circle and Vienna school of jurisprudence of Hans Kelsen based on heavy philosophical distinctions. Mainly as stated above the phase “Positivism” was comprehended by two schools in different styles, but nevertheless the positivism in Vienna circle like legal positivism tends towards the empirification of their object of cognition. In his defense of not being a follower of Vienna circle Kelsen has stated
Summary of Chapters
Abstract: Provides an overview of how Kelsen’s legal philosophy was bolstered by the Viennese intellectual environment despite his unique distinction from the logical positivists.
Introduction: Traces the historical context of the Vienna Circle and the prevalence of modernism, setting the stage for the analysis of its impact on Kelsen.
Kelsen and “Grundnorm”: Details the essential foundations of Kelsen’s system, specifically his hierarchy of norms and the concept of the “Grundnorm” as an initial hypothesis.
Kelsen’s association with Vienna Circle: Explores Kelsen’s personal and intellectual connections to the circle and examines the philosophical divide between his legal theory and their scientific methods.
Conclusion: Summarizes the study’s findings, characterizing Kelsen as a legal modernist influenced by the parallel intellectual transformation occurring in Vienna.
Keywords
Hans Kelsen, Vienna Circle, Legal Positivism, Pure Theory of Law, Grundnorm, Modernism, Jurisprudence, Logical Empiricism, Legal Modernism, Anti-metaphysical, Normative Science, Vienna, Constitutional Law, Intellectual History.
Frequently Asked Questions
What is the primary focus of this academic work?
This work explores the connectivity between Hans Kelsen’s "Pure Theory of Law" and the intellectual environment of the Vienna Circle during the interwar period in Vienna.
What are the central themes covered in the research?
The central themes include the emergence of legal modernism, the rejection of Hegelian idealism, the influence of scientific approaches on law, and the distinction between legal positivism and logical positivism.
What is the main objective of the author?
The author seeks to demonstrate that Kelsen was a "legal modernist" whose development of the "Pure Theory of Law" was significantly shaped by the anti-metaphysical and modernist spirit prevalent in the Vienna Circle.
Which methodology is utilized in this study?
The study employs a historical and analytical comparison, contrasting Kelsen's legal philosophy with the scientific methodology of the Vienna Circle to identify shared intellectual ground.
What does the main body of the text address?
The main body addresses the fundamental pillars of Kelsen’s theory, his specific relationship with members of the Vienna Circle, and a comparative analysis of their stance against idealism and natural law.
Which keywords best characterize the work?
The work is best characterized by terms such as Hans Kelsen, Vienna Circle, Grundnorm, Legal Positivism, and Modernism.
How did Kelsen distinguish his "Pure Theory of Law" from the views of the Vienna Circle?
While Kelsen shared their anti-metaphysical drive, he maintained that legal norms belong to the realm of "ought" and cannot be verified by empirical experiments, unlike the objects of study in the natural sciences favored by the Circle.
What role did the "Grundnorm" play in Kelsen’s legal framework?
The "Grundnorm" (basic norm) acts as the fundamental authority from which all other norms in the legal hierarchy derive their validity, serving as an initial hypothesis that allows for a systematic understanding of law.
- Quote paper
- Punsara Amarasinghe (Author), 2018, Austrian Minds: Vienna Circle and Hans Kelsen, Munich, GRIN Verlag, https://www.grin.com/document/419401
