Kelsen's Grundnorm Identified

The question asks to identify the jurist who conceptualized a foundational legal principle, referred to by Austin as "determinate human superior" and also known as the "grund norm".

Jurist Hans Kelsen

Hans Kelsen, an influential legal philosopher, developed the "Pure Theory of Law". A core component of this theory is the concept of the Grundnorm.

Grundnorm Explained

• The Grundnorm is a hypothetical, presupposed rule that validates the entire legal system. It's the ultimate source of legal validity.
• Kelsen's Grundnorm provides a hierarchical basis for legal norms, tracing their validity back to this single, foundational norm.
• While John Austin focused on a "determinate human superior" (the sovereign) as the source of law through commands and sanctions, Kelsen's Grundnorm offers a more abstract, procedural foundation for legal validity, distinct from specific political entities.
• Kelsen's concept is seen as the theoretical counterpart or evolution of the idea of a sovereign source of law, making him the jurist associated with the "grund norm".

Incorrect Options Analysis

• Marx focused on historical materialism and class struggle.
• Duguit emphasized the concept of 'service public' (public service) and rejected the idea of objective law based on sovereignty.
• Hegel focused on the dialectical development of the State and Spirit.

Therefore, Hans Kelsen is the jurist linked to the "grund norm" concept, which relates abstractly to Austin's "determinate human superior".