[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"archetype-name-map":3,"thinker-hans-kelsen":100,"$fWJ_kcg4_Gnzpt_TFSAOU0XVbIbzK-7kUuAb8Mc-_M-8":162},[4,7,10,13,16,19,22,25,28,31,34,37,40,43,46,49,52,55,58,61,64,67,70,73,76,79,82,85,88,91,94,97],{"slug":5,"name":6},"establishment-progressive","Establishment Progressive",{"slug":8,"name":9},"conservative-democrat","Conservative Democrat",{"slug":11,"name":12},"moderate-conservative","Moderate Conservative",{"slug":14,"name":15},"reform-conservative","Reform Conservative",{"slug":17,"name":18},"national-populist","National Populist",{"slug":20,"name":21},"left-nationalist","Left Nationalist",{"slug":23,"name":24},"compassionate-libertarian","Compassionate Libertarian",{"slug":26,"name":27},"left-libertarian","Left Libertarian",{"slug":29,"name":30},"democratic-socialist","Democratic Socialist",{"slug":32,"name":33},"market-liberal","Market Liberal",{"slug":35,"name":36},"anarcho-capitalist","Anarcho-Capitalist",{"slug":38,"name":39},"progressive-activist","Progressive Activist",{"slug":41,"name":42},"techno-progressive","Techno-Progressive",{"slug":44,"name":45},"patriotic-progressive","Patriotic Progressive",{"slug":47,"name":48},"religious-conservative","Religious Conservative",{"slug":50,"name":51},"traditionalist","Traditionalist",{"slug":53,"name":54},"moderate-liberal","Moderate Liberal",{"slug":56,"name":57},"pragmatic-centrist","Pragmatic Centrist",{"slug":59,"name":60},"authoritarian-left","Authoritarian Left",{"slug":62,"name":63},"authoritarian-right","Authoritarian Right",{"slug":65,"name":66},"welfare-nationalist","Welfare Nationalist",{"slug":68,"name":69},"christian-socialist","Christian Socialist",{"slug":71,"name":72},"market-socialist","Market Socialist",{"slug":74,"name":75},"trad-socialist","Trad Socialist",{"slug":77,"name":78},"civil-libertarian","Civil Libertarian",{"slug":80,"name":81},"traditional-libertarian","Traditional Libertarian",{"slug":83,"name":84},"social-liberal","Social Liberal",{"slug":86,"name":87},"national-conservative","National Conservative",{"slug":89,"name":90},"neoconservative","Neoconservative",{"slug":92,"name":93},"techno-authoritarian","Techno-Authoritarian",{"slug":95,"name":96},"independent-thinker","Independent Thinker",{"slug":98,"name":99},"classical-liberal","Classical Liberal",{"thinker":101,"archetypes":113,"traditions":114,"traditionLinks":122,"homeOut":123,"homeIn":146,"works":147,"homeTradition":117,"siblings":148},{"id":102,"slug":103,"name":104,"one_line":105,"bio":106,"birth_year":107,"death_year":108,"nationality":109,"primary_role":110,"era":111,"portrait_url":112,"figure_class":112},1268,"hans-kelsen","Hans Kelsen","Built the pure theory of law, deriving legal validity from a hierarchy of norms resting on a presupposed basic norm.","Kelsen attempted the most rigorous version of legal positivism ever constructed, and also drafted a constitution and invented an institution that most democracies now have.\n\nThe pure theory is pure in a specific sense: it excludes from legal science everything that is not law. Sociology explains why people obey; ethics judges whether they should; psychology describes what officials feel. None of these tells you whether a norm is valid, and validity is jurisprudence's only proper object. A norm is valid because it was created in the manner a higher norm authorizes — a bylaw under a statute, the statute under a constitution — so the legal order is a hierarchy, not a set of commands. At the top the regress must stop somewhere, and Kelsen stops it with the Grundnorm: a basic norm that is not itself posited but presupposed by anyone who treats the order as binding at all.\n\nThe consequences are austere. The state is not something separate that makes law; it simply is the legal order viewed as a unity. And validity is entirely formal: a monstrous statute properly enacted is valid law, which Kelsen accepted as the price of a science that does not smuggle the theorist's politics into its definitions.\n\nHe drafted the Austrian constitution of 1920 and, in it, created the first standalone constitutional court with the power to annul legislation — the \"Kelsenian\" model of centralized constitutional review now used across Europe, Latin America and Asia, and distinct from the American diffuse model. He served on that court until removed for a politically unwelcome ruling on the annulment of marriages.\n\nJewish and a social democrat, he fled Germany in 1933 and Europe in 1940, finishing his career at Berkeley.",1881,1973,"Austrian","jurist","Modern",null,[],[115],{"is_primary":116,"traditions":117},false,{"id":118,"name":119,"slug":120,"short_description":121},506,"Legal Positivism","legal-positivism","That what the law IS and what the law OUGHT to be are separate questions — a rule can be valid because of how it was made, however unjust its content.",[],[124,129,133,138,142],{"relation_type":125,"traditions":126},"descends_from",{"name":127,"slug":128},"Utilitarianism","utilitarianism",{"relation_type":125,"traditions":130},{"name":131,"slug":132},"Empiricism","empiricism",{"relation_type":134,"traditions":135},"reacts_against",{"name":136,"slug":137},"Natural Law","natural-law",{"relation_type":125,"traditions":139},{"name":140,"slug":141},"Legal Reform","legal-reform",{"relation_type":134,"traditions":143},{"name":144,"slug":145},"Classical Natural Law","classical-natural-law",[],[],[149,153,157,158],{"name":150,"slug":151,"birth_year":152},"Jeremy Bentham","jeremy-bentham",1748,{"name":154,"slug":155,"birth_year":156},"John Austin","john-austin",1790,{"name":104,"slug":103,"birth_year":107},{"name":159,"slug":160,"birth_year":161},"H. L. A. Hart","h-l-a-hart",1907,{"cards":163,"influenced":164,"shapedBy":165,"outbound":166},[],[],[],0]