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May 7, 2026Journal of Austrian-American History0 citationsOpen Access

Austrian Jurists in US Exile: Jurisprudence as a Door Opener to US Law Schools in the Aftermath of World War II

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MGMiriam Gassner

Key Points

  • To explore how Austrian legal scholars influenced US legal education after World War II.
  • Focused on three Austrian legal scholars who emigrated to the US.
  • Analyzed their contributions to US law schools and the spread of Austrian legal theories.
  • Investigated the role of jurisprudence in establishing academic positions.
  • Austrian legal scholars faced challenges due to the legal system and language barriers.
  • Teaching of comparative jurisprudence opened doors for these scholars at US law schools.
  • Their presence facilitated the introduction of Austrian legal theories such as Kelsen's Pure Theory of Law.

Abstract

Abstract After the Anschluss and the Nazis’ seizure of power in Austria, hundreds of Austrian lawyers emigrated to the United States. Due to the different legal system and the language barrier, only a few succeeded in pursuing a career in law; the number of those who managed to obtain a permanent (teaching) position at US law schools was even smaller. For those Austrian legal scholars who did succeed, the teaching of (comparative) jurisprudence became a door opener to the American academic community. This raises the question whether the presence of Austrian legal scholars at US law schools led to the spread of “Austrian” legal theories, such as Hans Kelsen’s Pure Theory of Law, in the United States after 1939. The article attempts to discuss this question by focusing on three selected Austrian legal scholars who had all been educated at Austrian universities prior to World War II and succeeded in obtaining tenured positions at US law schools after their emigration.

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Cite This Study

Miriam Gassner (2026) studied this question.

synapsesocial.com/papers/69fbefc0164b5133a91a3b31https://doi.org/10.5325/jaustamerhist.10.1-2.0174
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