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.
Download or read book STAAT UND MARXISMUS GRUNDLEGUNG UND KRITIK DER MARXISTISCHEN GESELLSCHAFDTSLEHRE written by FRIEDRICH. LENZ and published by . This book was released on 1922 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Foundation of the Juridico Political written by Ian Bryan and published by Routledge. This book was released on 2015-10-23 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen and Max Weber are conventionally understood as initiators not only of two distinct and opposing processes of concept formation, but also of two discrete and contrasting theoretical frameworks for the study of law. The Foundation of the Juridical-Political: Concept Formation in Hans Kelsen and Max Weber places the conventional understanding of the theoretical relationship between the work of Kelsen and Weber into question. Focusing on the theoretical foundations of Kelsen’s legal positivism and Weber’s sociology of law, and guided by the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume explore convergences and divergences in the approach and stance of Kelsen and Weber to law, the State, political science, modernity, legal rationality, legal theory, sociology of law, authority, legitimacy and legality. The chapters comprising The Foundation of the Juridical-Political uncover complexities within as well as between the theoretical and methodological principles of Kelsen and Weber and, thereby, challenge the enduring division between legal positivism and the sociology of law in contemporary discourse.
Download or read book The Oxford Handbook of Carl Schmitt written by Jens Meierhenrich and published by Oxford University Press. This book was released on 2016-12-13 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Carl Schmitt (1888-1985) was a German theorist whose anti-liberalism continues to inspire scholars and practitioners on both the Left and the Right. Despite Schmitt's rabid anti-semitism and partisan legal practice in Nazi Germany, the appeal of his trenchant critiques of, among other things, aestheticism, representative democracy, and international law as well as of his theoretical justifications of dictatorship and rule by exception is undiminished. Uniquely located at the intersection of law, the social sciences, and the humanities, this volume brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography. The contributors hail from diverse disciplines, including art, law, literature, philosophy, political science, and history. In addition to opening up exciting new avenues of research, The Oxford Handbook of Carl Schmitt provides the intellectual foundations for an improved understanding of the political, legal, and cultural thought of this most infamous of German theorists. A substantial introduction places the trinity of Schmitt's thought in a broad context.
Download or read book Allgemeine Staatslehre written by Georg Jellinek and published by . This book was released on 1914 with total page 1244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Max Weber s Theory of the Modern State written by A. Anter and published by Springer. This book was released on 2014-02-19 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andreas Anter reconstructs Max Weber's theory of the modern state, showing its significance to contemporary political science. He reveals the ambivalence of Weber's political thought: the oscillation between an étatiste position, mainly oriented to the reason of state, and an individualistic one, focussed on the freedom of individuals
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 2017-05-19 with total page 60 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. Kelsen’s works are usually reduced to his theory of law, and his reflections on democracy are often ignored. The great strength of Kelsen's political thinking lies in the largely original arguments that it musters against the critics who condemn or debunk the institutions of parliamentary democracies. This study assesses Kelsenian democratic theory by exploring three questions: first, how is Kelsen’s political theory intertwined with his legal theory? Second, how does Kelsen combine his reflections on the democratic ideal with his appreciation of a reality that more often than not quite distant from that ideal? Third, how does Kelsen conceive of the sources of the state’s cohesion in a democracy?
Download or read book Dictionary of German Synonyms written by R. B. Farrell and published by Cambridge University Press. This book was released on 1977-04-07 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: An English-German dictionary, with each definition followed by German synonyms.
Download or read book Carl Schmitt s State and Constitutional Theory written by Benjamin A. Schupmann and published by Oxford University Press. This book was released on 2017 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.
Download or read book From Empire to Union written by Jo Eric Khushal Murkens and published by OUP Oxford. This book was released on 2013-01-17 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Germany has long been at the centre of European debates surrounding the modern role of national constitutional law and its relationship with EU law. In 2009 the German constitutional court voted to uphold the constitutionality of the Lisbon Treaty, but its critical, restrictive decision sent shockwaves through the European legal community who saw potential threats to further European integration. What explains Germany's uneasy relationship with the project of European legal integration? How have the concepts of sovereignty, state, people, and democracy come to dominate the Constitutional Court's thinking, despite not being defined in the Constitution itself? Despite its importance to the whole enterprise of the European Union, German constitutional thought has been poorly understood in the wider European literature. This book presents a historical account of German conceptions of constitutional law, providing the understanding necessary to see what is at stake in contemporary debates surrounding the constitution and the European Union. Examining the modern development of German constitutional thought, this volume traces the key public law concepts of state, constitution, sovereignty, and democracy from their modern emergence in the 19th century through to the present day. It analyses the constitutional relationship between Germany and the EU from a sociological and historical perspective, looking at how German constitutional law has conflicted and compromised with EU law, and the difficulties this has raised. Filling a significant gap in comparative constitutional law literature, this book provides an account of the major schools of German constitutional thought and their development. Against this backdrop it offers a fascinating insight into Germany's relationship with the European Union.
Download or read book Irony and the Logic of Modernity written by Armen Avanessian and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-09-14 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: The logic of modernity is an ironical logic. Modern irony, a flash of genius produced by Romantic theorists, is first discussed, e.g. in Hegel and Kierkegaard, as an ethical problem personified in figures such as the aesthete, the seducer, the flaneur, or the dandy. It fully develops in the novel, the modern genre par excellence: in novels of the early 19th century no less than in those of postmodernity or in those of the masters of citation, parody, and pastiche of classical modernism (Musil, Joyce, and Proust). This book, however, goes one step further. Looking at how such different authors as Schmitt, Kafka, and Rorty identify the political conflicts, contradictions, and paradoxes of the 20th century as ironical and offers a comprehensive account of the constitutive irony of modernity’s ethical, poetical, and political logic.
Download or read book The Project of Positivism in International Law written by Mónica García-Salmones Rovira and published by OUP Oxford. This book was released on 2013-11-28 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: International legal positivism has been crucial to the development of international law since the nineteenth century. It is often seen as the basis of mainstream or traditional international legal thought. The Project of Positivism in International Law addresses this theory in the long-standing tradition of critical intellectual histories of international law. It provides a nuanced analysis of the resilience of the economic-positivist theory, and shows how influential its role was in shaping the modern frameworks of international law. The book argues that the rise of positivist international law was inseparable from philosophical developments placing the notion of conflict of interests at the centre of collective life. Where previously international thought was dominated by notions of the right, the just, and the good, increasingly international relations became viewed as 'interests' in need of harmonisation. In this context, international law was re-founded as the universal law that could harmonise the interests of both public and private international entities. The book argues that these evolutions in philosophical thought were bound up with the consolidation of capitalism, and with the ideas about human existence and human nature which emerged in that process. It provides an innovative analysis of the selected biography of ideas which it presents, including a detailed focus on the work of Hans Kelsen, one of the leading positivist thinkers of the twentieth century. It also argues that the work of Lassa Oppenheim should be included within this analysis, as providing some of the key founding texts of positivism in international law. This book will be a fascinating read for scholars and students of international legal theory, historians of ideas, and legal philosophers.
Download or read book 2004 Der Begriff des Staates The Concept of the State written by J Rgen Stolzenberg and published by Walter de Gruyter. This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: http: //www.reference-global.com/action/showBook?doi=10.1515%2F978311017911
Download or read book Sovereignty Knowledge Law written by Panu Minkkinen and published by Routledge. This book was released on 2009-05-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty, Knowledge, Law investigates the notion of sovereignty from three different, but related perspectives: as a legal question in relation to the sovereign state, as a political question in relation to sovereign power, and as a metaphysical question in relation to sovereign self-knowledge. The varied and interchangeable uses of legal sovereignty, political sovereignty and metaphysical sovereignty in contemporary debates have resulted in a situation where the word ‘sovereignty’ itself has become something of a non-concept. Panu Minkkinen shows here how these three perspectives have informed one another, by addressing their shared relationship to law, and to the ‘autocephalous’ function of sovereignty; that is, the attempt to provide a single source and foundation for law, power, and self-knowledge. Through an effort to domesticate the intrinsically ‘heterocephalous’ nature of power, the juridical and jurisprudential aim has been to confine power within the closed vertical hierarchy of traditional legal thinking. Sovereignty, Knowledge, Law thus elaborates this heterocephaly, proposing new understandings of sovereignty, as well as of law and of legal scholarship.
Download or read book The Slaves s Appeal written by Elizabeth Cady Stanton and published by . This book was released on 1900 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Public International Law Theory of Hans Kelsen written by Jochen von Bernstorff and published by Cambridge University Press. This book was released on 2010-10-28 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.
Download or read book Sacrifice in Modernity Community Ritual Identity written by and published by BRILL. This book was released on 2016-09-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Sacrifice in Modernity: Community, Ritual, Identity it is demonstrated how sacrificial themes remain an essential element in our post-modern society.
