Hans Kelsen Werke

Volume 2 of the historical-critical »Complete Works« edition of Hans Kelsen's writings (in chronological order) contains his Habilitation at the University of Vienna, published in 1911. In this monograph, entitled »Main Problems in the Theory of Public Law,« Kelsen steps out of the shadow of orthodox contemporary theories of public law in particular and legal science in general. Focusing on methodology, he shows the dividing line between a normativist jurisprudence on the one hand and philosophy, psychology, sociology and ethics, on the other hand. Although the book does not yet develop Kelsen's dynamic concept of the hierarchical ordering of law (the Stufenbau), it is here that he creates and tests the theoretical foundations of his »Pure Theory of Law,« a theory critical of absolutist ideologies, a theory, moreover, which seeks to make jurisprudence conform to the strict standards of »science.«