Download or read book Hans Kelsen in America Selective Affinities and the Mysteries of Academic Influence written by D.A. Jeremy Telman and published by Springer. This book was released on 2016-08-26 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the reasons for Hans Kelsen’s lack of influence in the United States and proposes ways in which Kelsen’s approach to law, philosophy, and political, democratic, and international relations theory could be relevant to current debates within the U.S. academy in those areas. Along the way, the volume examines Kelsen’s relationship and often hidden influences on other members of the mid-century Central European émigré community whose work helped shape twentieth-century social science in the United States. The book includes major contributions to the history of ideas and to the sociology of the professions in the U.S. academy in the twentieth century. Each section of the volume explores a different aspect of the puzzle of the neglect of Kelsen’s work in various disciplinary and national settings. Part I provides reconstructions of Kelsen’s legal theory and defends that theory against negative assessments in Anglo-American jurisprudence. Part II focuses both on Kelsen’s theoretical views on international law and his practical involvement in the post-war development of international criminal law. Part III addresses Kelsen’s theories of democracy and justice while placing him in dialogue with other major twentieth-century thinkers, including two fellow émigré scholars, Leo Strauss and Albert Ehrenzweig. Part IV explores Kelsen’s intellectual legacies through European and American perspectives on the interaction of Kelsen’s theoretical approach to law and national legal traditions in the United States and Germany. Each contribution features a particular applications of Kelsen’s approach to doctrinal and interpretive issues currently of interest in the legal academy. The volume concludes with two chapters on the nature of Kelsen’s legal theory as an instance of modernism.

Download or read book Democracy in Its Essence written by Sara Lagi and published by Rowman & Littlefield. This book was released on 2020-10-07 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen is commonly associated with legal theory and philosophy of law. Democracy in Its Essence: Hans Kelsen as a Political Thinker instead investigates Kelsen’s democratic theory as it developed between the 1920s and 1950s, which challenged the existence of democracies in many different respects. Kelsen provided a critical reflection on the strengths and problems of living within a democratic system, while also defending it against a series of specific targets: from the Soviet regime and Bolshevism to European Fascisms, from religious-based conceptions of politics to those claiming a perfect identity between capitalism and classical liberal institutions, and chiefly against all those ideologies claiming to possess objective understanding of what true freedom and true democracy signify. By seeking what he defined as the “essence” and “value” of democracy, Kelsen elaborated a pluralist, relativist, constitutional, proceduralist, and liberal theory of representative democracy, characterized by a strong recall to the values of tolerance, responsibility, and respect toward “the other” as well as to the idea of politics as space for compromise. In this book, Sara Lagi reconstructs his political theory as a relevant contribution to the twentieth-century liberal-democratic tradition of thought, while representing a stimulating reflection on the meaning and implication of democracy both as a political system and as a form of co-existence.

Download or read book Normativity and Norms written by Stanley L. Paulson and published by Oxford University Press. This book was released on 1998 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using newly translated papers and some of the best extant writings on Kelsen's theory, this volume covers topics including competing ideas on the nature of law, legal validity, legal powers and the unity of municipal and international law.

Download or read book Handbook of the History of the Philosophy of Law and Social Philosophy written by Gianfrancesco Zanetti and published by Springer Nature. This book was released on 2023-03-28 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.

Download or read book Uncertainty written by Luigi Bonatti and published by John Benjamins Publishing. This book was released on 1984-01-01 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Truyol y Serra s Doctrines of International Law written by Robert Kolb and published by Edward Elgar Publishing. This book was released on with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by Antonio Truyol y Serra’s classic work, Doctrines sur le fondement du Droit des gens, this book offers a fully revised and updated examination and discussion of the various doctrines forming the foundations of international law. It offers an accessible insight into the theoretical background of the various legal constructions that characterize the relationship between both international and national legal orders.

Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Enrico Pattaro and published by Springer Science & Business Media. This book was released on 2016-07-13 with total page 1952 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.

Download or read book Herondas written by Giuseppe Mastromarco and published by John Benjamins Publishing. This book was released on 1984-01-01 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Economic Philosophy written by Adelino Zanini and published by Peter Lang. This book was released on 2008 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book investigates the relationship between the economic and political writings of four seminal authors: Adam Smith, Karl Marx, Joseph A. Schumpeter, and John M. Keynes. It underlines how in their works the nexus between ethics, economics, and politics has produced four exemplary solutions. They represent the most relevant modern formulations of the idea of 'political interest', to which the philosophical and political debate constantly returns, as the thought of Carl Schmitt, Hannah Arendt, and Michel Foucault demonstrates. The author discusses the different interpretations by considering economic science not as a natural, but as moral and political science.

Download or read book Reason in Law written by and published by . This book was released on 1987 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Semiotics and Legal Theory written by Bernard S. Jackson and published by Global Academic Publishing. This book was released on 1997 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Phenomenology of Law and Normativity written by Panos Theodorou and published by Springer Nature. This book was released on with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Current Legal Theory written by and published by . This book was released on 1996 with total page 1144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Law as a Social System written by Niklas Luhmann and published by Oxford Socio-Legal Studies. This book was released on 2004 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.

Download or read book Negentropy Meaning and New Meaning Negentropia Accezione Nuove Accezioni written by Valter Caggio and published by Lulu.com. This book was released on 2007-03 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: A GREAT MULTIDISCIPLINARY ESSAY IN FEW PAGES. NEW IDEA, USEFULL NOW AND IN THE FUTURE

Download or read book Hans Kelsen and the Natural Law Tradition written by Peter Langford and published by BRILL. This book was released on 2019-03-19 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition. This edited collection commences with a comprehensive introduction which establishes the character of Kelsen’s critical engagement as a general critique of natural law combined with a more specific critique of representative thinkers of the Natural Law Tradition. The subsequent chapters are then devoted to a detailed analysis of Kelsen’s engagement with prominent theorists from the Natural Law Tradition. The volume concludes with an exploration, focusing upon the delineation of a non-positivist legal theory in the debate between Robert Alexy and Joseph Raz, of the continued presence of Kelsenian legal positivism in contemporary legal theory.

Download or read book The Mirage of Social Justice written by Friedrich August Hayek and published by Routledge. This book was released on 1976-01-01 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a three-part study of the relations between law and liberty. Volume 1 deals with the basic conceptions necessary for a critical analysis of prevailing theories of justice and of the conditions which a constitution securing personal liberty would have to satisfy. In volume 2, the author examines the theories of utilitariansim and legal positivism and considers the concept of 'social justice.' He shows this ideal to be devoid of meaning and therefore a most harmful and dangerous cause of the mis-direction of well-meant efforts: he demonstrates that it is a remnant of the tribal ethics of a closed society and whooly incompatible with the individual freedom whih the Open Society promises. In the final volume, Hayek analyses and discards modern sociobiological theories of morality and social conduct, demonstrating that man's behaviour pattern has been determined more by custom than by the exercise of reason, and that mind and culture therefore developed concurrently and not successively. He shows how the democratic ideal is in danger of miscarrying due to the erroneous assumptions that there can be moral standards without moral discipline, that the element of tradition can be ignored in proposals for restructuring society, and the way in which the disctinct ideals of egalitarianism and democracy are increasingly confused.