Abstract

HERRERA, Carlos Miguel. Hans Kelsen's legacy: 50 years after his death. Rev.econ.inst. [online]. 2024, vol.26, n.50, pp.241-261.  Epub Mar 12, 2024. ISSN 0124-5996.  https://doi.org/10.18601/01245996.v26n50.10.

The essay examines the impact and relevance of Hans Kelsen, perhaps the most distinguished jurist of the 20th century. Best remembered for his Pure Theory of Law, this text explores both Kelsen's life and ideas. It delves into his influence on legal epistemology, his role in the development of legal positivism, and constitutionalism. Moreover, the essay analyzes Kelsen's relationship with economists from the so called Austrian School of Economics, particularly Friedrich von Wieser, Hayek, and Schumpeter. Finally, it questions the relevance of Kelsen's theory in the 21st century, based on his epistomological focus approach and his critique of legal and political ideologies.

Keywords : Hans Kelsen; Pure theory of law; Lega epistemology; constitutionalism; Austrian school of economics; JEL: K00, K10, B13.

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )