Hans Kelsen October 11, 1881 April 19, 1973 was an AustrianAmerican jurist.

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• Hans Kelsen (October 11, 1881 April 19, 1973)
  was an Austrian-American jurist.

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• In 1919, he became full professor of public and
  administrative law at the University of Vienna.
  He established and edited the Journal of Public
  Law (Zeitschrift für Öffentliches Recht) in
  Vienna. At the behest of Chancellor Karl Renner,
  Kelsen worked on drafting a new Austrian
  Constitution, enacted in 1920. The document still
  forms the basis of Austrian constitutional law.
  Kelsen was appointed to the Constitutional Court,
  for a life term. In 1925, he published General
  Political Theory (Allgemeine Staatslehre) in
  Berlin.

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• Following increasing political controversy about
  some positions of the Constitutional Court
  (especially about divorce) and an increasingly
  conservative climate, Kelsen, who was considered
  a Social Democrat, although not a party member,
  was removed from the court in 1930.

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• Kelsen accepted a professorship at the University
  of Cologne in 1930. When the Nazis came to power
  in Germany in 1933, he was removed from his post
  and moved to Geneva, Switzerland and taught
  international law at the Graduate Institute of
  International Studies from 1934 to 1940.

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• In 1934, he published the first edition of Pure
  Theory of Law (Reine Rechtslehre). In Geneva he
  became more interested in international law. In
  19361938 he was professor at the German
  University in Prague.

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• In 1940, he moved to the United States, giving
  the at Harvard Law School in 1942 and becoming a
  full professor at the department of political
  science at the University of California, Berkeley
  in 1945. During those years, he increasingly
  dealt with issues of international law and
  international institutions such as the United
  Nations. In 1953-54, he was visiting Professor of
  International Law at the United States Naval War
  College.

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• Kelsen's main legacy is as the inventor of the
  modern European model of constitutional review,
  first used in the Austrian First Republic, then
  in the Federal Republic of Germany, Italy, Spain,
  Portugal, and later many countries of Central and
  Eastern Europe. The Kelsenian court sets up
  special constitutional courts, which may have
  sole responsibility over constitutional disputes
  this is quite different from the American system
  of judicial review.

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• Kelsen is considered one of the preeminent
  jurists of the 20th century. His legal theory, a
  very strict and scientifically understood type of
  legal positivism, is based on the idea of a
  Grundnorm, a hypothetical norm on which all
  subsequent levels of a legal system such as
  constitutional law and "simple" law are based.

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• 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.
• The basic norm or Grundnorm as Kelson calls it,
  is the Constitution which acquires validity from
  the fact of social acceptance or recognition.

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• This he called the pure theory of law pure
  because it was free from any ethical,
  ideological, or sociological considerations.

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• His theory has followers among scholars of public
  law world-wide. His disciples developed "schools"
  of thought to extend his theories, such as the
  Vienna School in Austria and the Brno School in
  Czechoslovakia. In the English-speaking world, H.
  L. A. Hart and Joseph Raz are perhaps the most
  well-known authors who were influenced by Kelsen,
  though both departed from Kelsen's theories in
  several respects.

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• Kelsen's was a negative influence on Carl
  Schmitt, who criticized Kelsen's work on
  sovereignty in and elsewhere. In turn, Kelsen
  wrote that only the belief in a "theology of the
  State" could justify the refusal to acknowledge
  the binding nature of international law upon
  "sovereign" states. For Kelsen, "sovereignty" was
  a loaded concept "We can derive from the concept
  of sovereignty nothing else than what we have
  purposely put into its definition.