Download or read book Hans Kelsen and the Case for Democracy written by Sandrine Baume and published by ECPR Press. This book was released on 2012 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen and the Case for Democracy is a contextual analysis of this famous jurist's political thought.
Download or read book The Essence and Value of Democracy written by Hans Kelsen and published by Rowman & Littlefield. This book was released on 2013-08-22 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen is widely recognized as one of the most important legal theorists of the 20th century. Surprisingly, however, his political writings are not nearly as widely known as his legal theory, especially in the English-speaking world. This book fills the void between what is and isn't known about Hans Kelsen's political philosophy, and the ways that philosophy has and will continue to shape political debates inherent to democracy in the future. For the first time in English, this classic book - with an introduction by political theorist Nadia Urbinati - provides an overview of Kelsen's career and his contributions to 20th century political thought.
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 Making Democratic Theory Democratic written by Stephen Turner and published by Taylor & Francis. This book was released on 2023-03-03 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addressees a timely and fundamental problematic: the gap between the aims that people attempt to realize democratically and the law and administrative practices that actually result. The chapters explain the realities that administration poses for democratic theory. Topics include the political value of accountability, the antinomic character of political values, the relation between ultimate ends and the intermediate ends that are sought by constitutions, and a reconsideration of the meaning of the rule of law itself. The essays are inspired by the demystifying realism of Max Weber and Hans Kelsen, including explications of their views on law, constitutions, and the rule of law. The book will be of interest to social and political theorists, philosophers of law, and legal theorists, and for discussions of democratic theory, the administrative state, constitutionalism, and justice, as well as to readers of Weber and Kelsen.
Download or read book Weimar written by Arthur Jacobson and published by Univ of California Press. This book was released on 2001-01-06 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are translated here played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Austria, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar Republic and the struggle for constitutionalism in Germany. This critical scrutiny of the Weimar jurisprudence of crisis offers an invaluable overview of the perils and promise of constitutional development in states that lack an entrenched tradition of constitutionalism.
Download or read book Hans Kelsen s Political Realism written by Robert Schuett and published by EUP. This book was released on 2022-11-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a lively account of Kelsen's life and political thinking, Robert Schuett introduces him as a political realist and brings his thought on human nature, the state and war into productive tension with today's Schmittians and conventional views of foreign policy realism.
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.
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.
Download or read book Relativism and Religion written by Carlo Invernizzi Accetti and published by Columbia University Press. This book was released on 2015-11-10 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moral relativism is deeply troubling for those who believe that, without a set of moral absolutes, democratic societies will devolve into tyranny or totalitarianism. Engaging directly with this claim, Carlo Invernizzi Accetti traces the roots of contemporary anti-relativist fears to the antimodern rhetoric of the Catholic Church and then rescues a form of philosophical relativism for modern, pluralist societies, arguing that this viewpoint provides the firmest foundation for an allegiance to democracy. In his analyses of the relationship between religious arguments and political authority and the implications of philosophical relativism for democratic theory, Accetti makes a far-ranging contribution to contemporary debates over the revival of religion in politics and the conceptual grounds for a commitment to democracy. He presents the first comprehensive genealogy of anti-relativist discourse and reclaims for English-speaking readers the overlooked work of Hans Kelsen on the connection between relativism and democracy. By engaging with contemporary attempts to replace the religious foundation of democratic values with a neo-Kantian conception of reason, Accetti also makes a powerful case for relativism as the best basis for a civic ethos that integrates different perspectives into democratic politics.
Download or read book The Making of Constitutional Democracy written by Paolo Sandro and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the deep conceptual structure of the distinction between the creation and the application of law. Legal philosophers either take the distinction for granted or, when they address it directly, they do so only for the purpose of criticizing it as just another upshot of legal formalism. The latter approach suggests the distinction is either unsound or, at the very least, useless. But supporters of this stance do not realize the implications of their positions, which transcend legal/theoretical discourse and raise serious problems in both political and constitutional theory. This book demonstrates that the distinction between the creation and application of law, properly understood, is a central feature of jurisprudence, fundamental to the justification of a legal order, and essential to the separation of powers and the rule of law.
Download or read book The Legitimacy of Modern Democracy written by Pedro T. Magalhães and published by Routledge. This book was released on 2020-12-30 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: By re-examining the political thought of Max Weber, Carl Schmitt and Hans Kelsen, this book offers a reflection on the nature of modern democracy and the question of its legitimacy. Pedro T. Magalhães shows that present-day elitist, populist and pluralist accounts of democracy owe, in diverse and often complicated ways, an intellectual debt to the interwar era, German-speaking, scholarly and political controversies on the problem(s) of modern democracy. A discussion of Weber’s ambivalent diagnosis of modernity and his elitist views on democracy, as they were elaborated especially in the 1910s, sets the groundwork for the study. Against that backdrop, Schmitt’s interwar political thought is interpreted as a form of neo-authoritarian populism, whereas Kelsen evinces robust, though not entirely unproblematic, pluralist consequences. In the conclusion, the author draws on Claude Lefort’s concept of indeterminacy to sketch a potentially more fruitful way than can be gleaned from the interwar German discussions of conceiving the nexus between the elitist, populist and pluralist faces of modern democracy. The Legitimacy of Modern Democracy will be of interest to political theorists, political philosophers, intellectual historians, theoretically oriented political scientists, and legal scholars working in the subfields of constitutional law and legal theory. The Open Access version of this book, available at https://doi.org/10.4324/9781315157566, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
Download or read book A New Science of Politics written by Hans Kelsen and published by Walter de Gruyter. This book was released on 2013-05-02 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eric Voegelin is famous as a philosopher of history and a as one of the most eminent political scientists of the 20th century. His most fundamental work on political theory, the "New Science of Politics, is nowadays considered a classic in ist field. While the "New Science" has always been a very controversial book, ist critics have hardly ever taken the pain to pinpoint the weaknesses they condemmed Voegelins book for. There is, however, one exception: Only shortly after the appearance of Voegelins "New Science" in 1954, Hans Kelsen has written a most detailed reply to this book of his former student. This reply, which was known to Voegelin and is mentioned in his autobiography, is now being published by the ontos verlag. Being a distinguished philosopher himself of an erudition and breadth of knowledge that matches that of Eric Voegelin, Hans Kelsen is able to support the critical stance he takes on Voegelin "New Science" by clear and well founded argument. This critical reply to Voegelins "New Science" is not only an important contribution to the dispute about the foundations of political order in modern society, but will also prove valuable to readers generally interested in Voegelins life and work.
Download or read book Transatlantic Democracy in the Twentieth Century written by Paul Nolte and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-10-10 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transatlantic democracy in the 20th century - this concept goes beyond the idea of an American civilizing mission in Europe after two World Wars, and certainly beyond the notion of re-educating Germans, and making them fit for Western institutions after Nazism. As democracy is being contested anew in the beginning of the 21st century, a much more complicated landscape of democracy since 1900 emerges. Transfer was not a one-way-street, and patterns of conflict and transformation affected both American and European political societies. American democracy may not be reduced to a resilient defense of original traditions, while the narrative of German democracy is more than redemption from catastrophe. The essays in this volume contribute to a new history of transatlantic democracy that accounts for its manifold experiences and constant renegotiations, up to the current challenges of American and European populism.
Download or read book Law Pragmatism and Democracy written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
Download or read book Legality and Legitimacy written by David Dyzenhaus and published by Oxford University Press, USA. This book was released on 1997 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text investigates one of the oldest questions of legal philosophy - the relationship between law and legitimacy. It analyses the legal theories of three public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller.
Download or read book Kelsen in the Grenada Court written by Simeon C. R. McIntosh and published by Ian Randle Publishers. This book was released on 2008 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, revolution has been one of the principal means of founding a new state. But can this new state have any moral legitimacy, born as it is out of violence? That is the critical question for legal theorists. The late Hans Kelsen, arguably one of the leading legal theorists and philosophers of the twentieth century, in his Pure Theory of Law, articulated this theory of revolutionary legality as a part of his general theory of law. Kelsen in the Grenada Court: Essays on Revolutionary Legality examines revolutionary legality in the context of the Grenada coup d'etat of March 1979, which brought the People's Revolutionary Government (PRG) to power. The 1973 Constitution was suspended, the executive authority of the country changed, parliament was reconstituted and a new Supreme Court established. The governing principles of political life in Grenada were transformed. The PRG had established a new legality. The courts however, were confronted with questions of their validity and jurisdictional competence. Called upon to judge the validity of the PRG regime, the issue of the validity of the courts was also called into question. Following the demise of the PRG regime in sensational fashion, culminating in the invasion of Grenada by the US army in 1983, the validity of the court was again challenged. This collection of clear, readily understood essays, shows that the Court determined its own validity as a matter of necessity. Using examples from around the Commonwealth, the case of Bernard Coard & Ors. v. The Attorney General, known popularly as the Maurice Bishop murder trial, or the Grenada Thirteen, McIntosh criticizes the Grenada Court and its handling of the subject of revolutionary legality; while addressing Kelsen's theory of continuity and discontinuity of law and the doctrine of necessity.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
