!!!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.


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