Wiener rechtstheoretische Schule#

Vienna School of Jurisprudence, school of legal theory influenced by the "pure theory of law" (1934) developed by H. Kelsen. Another adherent of this school was A. Merkl. In their theory of critical legal positivism, their central theses were the inderivability of the "ought to be" from the "being" and the assumption that law is a normative order of the ought to be. The validity of this legal order results from the hypothetical basic norm, which is the assumption that effective systems of order have to be treated as if they were objectively valid norms. Another central thesis is the equation of state and order of law. This theory was internationally acclaimed but was also heavily opposed by others.