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Book General Theory of Law and State

Download or read book General Theory of Law and State written by Hans Kelsen and published by Routledge. This book was released on 2017-07-05 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law", - within which the study of international law was his special field of work. The present volume, "General Theory of Law and State", first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence. The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories, "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries". Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, "General Theory of Law and State" is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German. The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.

Book General Theory of Law and State

Download or read book General Theory of Law and State written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2009 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.

Book Pure Theory of Law

    Book Details:
  • Author : Hans Kelsen
  • Publisher : The Lawbook Exchange, Ltd.
  • Release : 2005
  • ISBN : 1584775785
  • Pages : 366 pages

Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

Book General Theory of Norms

    Book Details:
  • Author : Hans Kelsen
  • Publisher : Oxford [England] : Clarendon Press
  • Release : 1991
  • ISBN :
  • Pages : 536 pages

Download or read book General Theory of Norms written by Hans Kelsen and published by Oxford [England] : Clarendon Press. This book was released on 1991 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen is considered by many to be the foremost legal thinker of the twentieth century. During the last decade of his life he was working on what he called a general theory of norms. Published posthumously in 1979 as Allgemeine Theorie der Normen, the book is here translated for the first time into English. Kelsen develops his "pure theory of law" into a "general theory of norms", and analyzes the applicability of logic to norms to offer an original and extreme position which some have called "normative irrationalism". Examining the views of over 200 philosophers and legal theorists on law, morality, and logic, and revising several of his own earlier positions, Kelsen's final work is a mandatory resource for legal and moral philosophers.

Book The General Theory of Law and Marxism

Download or read book The General Theory of Law and Marxism written by Evgeny Pashukanis and published by Routledge. This book was released on 2017-09-04 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: E. B. Pashukanis was the most significant contemporary to develop a fresh, new Marxist perspective in post-revolutionary Russia. In 1924 he wrote what is probably his most influential work, The General Theory of Law and Marxism. In the second edition, 1926, he stated that this work was not to be seen as a final product but more for ""self-clarification"" in hopes of adding ""stimulus and material for further discussion."" A third edition was printed in 1927.Pashukanis's ""commodity-exchange"" theory of law spearheaded a perspective that traced the form of law, not to class interests, but to capital logic itself. Until his death, he continued to argue for the ideal of the withering away of the state, law, and the juridic subject. He eventually arrived at a position contrary to Stalin's who, at that time, was attempting to consolidate and strengthen the state apparatus under the name of the dictatorship of the proletariat. Inevitably, Pashukanis was branded an enemy of the revolution in January 1937. His works were subsequently removed from soviet libraries. In 1954, Pashukanis was ""rehabilitated"" by the Soviets and restored to an acceptable position in the historical development of marxist law.In Europe and North America, a number of legal theorists only rediscovered Pashukanis's work in the late 1970s. They subjected it to careful critical analysis, and realized that he offered an alternative to the traditional Marxist interpretations, which saw law simply and purely as tied to class interests of domination. By the mid-1980s the instrumental Marxist perspective in vogue in Marxist sociology, criminology, politics, and economics gave way, to a significant extent due to Pashukanis's insights, to a more structural Marxist accounting of the relationship of law to economics and other social spheres.In his new introduction, Dragan Milovanovic discusses the life of Pashukanis, Marx and the commodity-exchange theory of law, and the historical lessons of Pashukanis's work. This bo

Book A General Theory of Authority

Download or read book A General Theory of Authority written by Yves R. Simon and published by Pickle Partners Publishing. This book was released on 2019-07-23 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt: A General Theory of Authority was first printed in 1962 and is a classic treatment of authority and its relation to justice, life, truth, and order. In recent years authority has been seen as an enemy of freedom, autonomy, and development. In this book the renowned philosopher Yves R. Simon, himself a passionate proponent of liberty, analyzes the idea of authority and defends it as an essential concomitant of liberty. Simon sees authority as the catalyst necessary to bring together the seemingly disparate demands of liberty on one hand and order on the other. Simon’s perceptive discussion of how authority differs from law enables him to highlight the effective and personal role that authority can play in the life of the individual and for the good of the community. Professor Yves R. Simon was an esteemed philosopher and teacher at several American universities, including Notre Dame and the University of Chicago. He published numerous books and articles, many of which remain as classic pieces of political and social philosophy. Professor Simon died in 1961.

Book Toward a General Theory of Social Control

Download or read book Toward a General Theory of Social Control written by Donald Black and published by Academic Press. This book was released on 2014-05-10 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies on Law and Social Control: Toward a General Theory of Social Control, Volume 1: Fundamentals focuses on the dynamics, practices, and mechanisms involved in social control. The selection first underscores social control as a dependent variable and division of labor in social control. Discussions focus on the explanation of division of social control labor; concept of division of social control labor; conceptions of the relationship between law and social control; quantity of normative behavior; and concept of social control. The text then takes a look at the stage of disputing to complaining, liability and social structure, and social organization of vengeance. Topics include revenge among inmates, contingency of vengeance, design of vengeance, liability and conflict management, idiom of liability in stateless societies, and complaining and the direction of law. The publication ponders on the variability of punishment, compensation in cross-cultural perspective, therapy and social solidarity, logic of mediation, and gossips and scandals. Concerns include role of gossip in small-scale societies, therapeutic social control in individualistic groups and tribal societies, social organization of compensation, and existing theories of punishment. The selection is a vital source of data for sociologists and researchers interested in the fundamentals of social control.

Book General Theory of Law

Download or read book General Theory of Law written by Nikolaĭ Mikhaĭlovich Korkunov and published by . This book was released on 1909 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The General Theory of Employment  Interest  and Money

Download or read book The General Theory of Employment Interest and Money written by John Maynard Keynes and published by Springer. This book was released on 2018-07-20 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was originally published by Macmillan in 1936. It was voted the top Academic Book that Shaped Modern Britain by Academic Book Week (UK) in 2017, and in 2011 was placed on Time Magazine's top 100 non-fiction books written in English since 1923. Reissued with a fresh Introduction by the Nobel-prize winner Paul Krugman and a new Afterword by Keynes’ biographer Robert Skidelsky, this important work is made available to a new generation. The General Theory of Employment, Interest and Money transformed economics and changed the face of modern macroeconomics. Keynes’ argument is based on the idea that the level of employment is not determined by the price of labour, but by the spending of money. It gave way to an entirely new approach where employment, inflation and the market economy are concerned. Highly provocative at its time of publication, this book and Keynes’ theories continue to remain the subject of much support and praise, criticism and debate. Economists at any stage in their career will enjoy revisiting this treatise and observing the relevance of Keynes’ work in today’s contemporary climate.

Book Law as Institution

    Book Details:
  • Author : Massimo La Torre
  • Publisher : Springer Science & Business Media
  • Release : 2010-08-13
  • ISBN : 1402066074
  • Pages : 276 pages

Download or read book Law as Institution written by Massimo La Torre and published by Springer Science & Business Media. This book was released on 2010-08-13 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, “general theories of law struggle to do justice to the 1 multiple dualities of the law”. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate moments.

Book Law and Development

Download or read book Law and Development written by Yong-Shik Lee and published by Taylor & Francis Group. This book was released on 2018 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction : what Is law and development? -- Evolution of law and development -- General theory of law and development -- Law and development in South Korea -- Law and development in South Africa -- Application of the law and development approach in the United States -- Law reform projects and analytical law and development model

Book The Concept of Law

Download or read book The Concept of Law written by Herbert Lionel Adolphus Hart and published by . This book was released on 1986 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book General Theory of Law

    Book Details:
  • Author : N. M. Korkunov
  • Publisher : Forgotten Books
  • Release : 2015-06-26
  • ISBN : 9781330403488
  • Pages : 556 pages

Download or read book General Theory of Law written by N. M. Korkunov and published by Forgotten Books. This book was released on 2015-06-26 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from General Theory of Law In the year 1905 there came into my hands a catalogue of a Paris publisher in which was advertised an International Library of Public Law. The English and American works were excellent selections. My attention was attracted to the fact that these French publishers of "international" books, in whose own country Boistel's work had lately appeared, and where Fouilleé and Renouvier were still writing, had taken for their work on General Theory of the Law that of a Russian writer of whom I had never heard. The whole field of English, German, and Italian theorists seemed to be passed by, in thus going outside of France, by these French publishers who were, evidently, seeking the best works in their several departments. The curiosity thus excited resulted in an order for the French version. It was found to have a preface by Prof. Larnaude of the University of Paris, sketching briefly the development of legal theory in Western Europe and England in late years, and justifying the selection of Prof. Korkunov's work, as representing most fully the tendencies of that development, notwithstanding the "æuvres maitresses" in France, Germany, England and Belgium, which the Paris professor cited. The book, on examination, seemed to justify its selection, and Prof. Larnaude's declaration that it is not a "simple reflection of German science," but that "it has originality of its own, and above all a surprising clearness of form and expression." Another statement of Prof. Larnaude's preface was entirely justified by the French copy. "They (the readers) will make some discoveries not lacking in interest. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Book Law s Empire

    Book Details:
  • Author : Ronald Dworkin
  • Publisher :
  • Release : 2011-11
  • ISBN : 9788175342569
  • Pages : 0 pages

Download or read book Law s Empire written by Ronald Dworkin and published by . This book was released on 2011-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.

Book The Communist Theory of Law  0

    Book Details:
  • Author : Hans Kelsen
  • Publisher : Hassell Street Press
  • Release : 2021-09-09
  • ISBN : 9781014230515
  • Pages : 0 pages

Download or read book The Communist Theory of Law 0 written by Hans Kelsen and published by Hassell Street Press. This book was released on 2021-09-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Book General Theory of Law

    Book Details:
  • Author : Nikolaj Michajlovič Korkunov
  • Publisher :
  • Release : 1968
  • ISBN :
  • Pages : 0 pages

Download or read book General Theory of Law written by Nikolaj Michajlovič Korkunov and published by . This book was released on 1968 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The General Theory of Law   Marxism

Download or read book The General Theory of Law Marxism written by Evgeniĭ Bronislavovich Pašukanis and published by Transaction Pub. This book was released on 1978 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: E. B. Pashukanis was the most significant contemporary to develop a fresh, new Marxist perspective in post-revolutionary Russia. In 1924 he wrote what is probably his most influential work, The General Theory of Law and Marxism. In the second edition, 1926, he stated that this work was not to be seen as a final product but more for "self-clarification" in hopes of adding "stimulus and material for further discussion." A third edition was printed in 1927. Pashukanis's "commodity-exchange" theory of law spearheaded a perspective that traced the form of law, not to class interests, but to capital logic itself. Until his death, he continued to argue for the ideal of the withering away of the state, law, and the juridic subject. He eventually arrived at a position contrary to Stalin's who, at that time, was attempting to consolidate and strengthen the state apparatus under the name of the dictatorship of the proletariat. Inevitably, Pashukanis was branded an enemy of the revolution in January 1937. His works were subsequently removed from soviet libraries. In 1954, Pashukanis was "rehabilitated" by the Soviets and restored to an acceptable position in the historical development of marxist law. In Europe and North America, a number of legal theorists only rediscovered Pashukanis's work in the late 1970s. They subjected it to careful critical analysis, and realized that he offered an alternative to the traditional Marxist interpretations, which saw law simply and purely as tied to class interests of domination. By the mid-1980s the instrumental Marxist perspective in vogue in Marxist sociology, criminology, politics, and economics gave way, to a significant extent due to Pashukanis's insights, to a more structural Marxist accounting of the relationship of law to economics and other social spheres. In his new introduction, Dragan Milovanovic discusses the life of Pashukanis, Marx and the commodity-exchange theory of law, and the historical lessons of Pashukanis's work. This book will be of interest to sociologists, criminologists, and political scientists interested in issues of law and Marxism.