The European Tradition in International Law : Hans Kelsen

Kelsen and his Circle: The Viennese Years

Abstract

This article situates Kelsen and his work in the context of the Austrian culture in the early part of this century. After sketching out the cultural and social influences that affected his family life and education. the author outlines the basic ideas of Kelsen's principal work, the Pure Theory of Law. He then goes on to discuss the dynamic links and exchanges between Kelsen and his circle and other intellectual movements active at the time in Vienna. Three such movements are examined at length. While Kelsen never actually joined a political party. he expressed some sympathy for ‘Red Vienna’ and took part in discussions and activities associated with the Austrian Social Democratic Party. Kelsen's neo-Kantian concept of the norm was clearly not in line with the Logical Empiricism of the Vienna Circle. Yet, his concern with the development of human thinking brought him close to Neurath. Finally, Kelsen's contacts with Freud were manifold and the influence of Freud's theories is tangible in his writings.

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