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 The Dawn of a Discipline written by Frédéric Mégret and published by Cambridge University Press. This book was released on 2020-09-24 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of international criminal justice told through the revealing stories of some of its primary intellectual figures.
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 Harvard Law Review Volume 130 Number 9 Bicentennial Issue 2017 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2017-11-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human Dignity and International Law written by Andrea Gattini and published by BRILL. This book was released on 2020-12-15 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects on how the concept of human dignity, a central and classical concept in public international law, is used to protect the rights of particularly vulnerable sectors of contemporary society.
Download or read book Kelsenian Legal Science and the Nature of Law written by Peter Langford and published by Springer. This book was released on 2017-05-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.
Download or read book Empire of Law written by Kaius Tuori and published by Cambridge University Press. This book was released on 2020-04-02 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of exiles from Nazi Germany and the creation of the notion of a shared European legal tradition.
Download or read book Legal Monism written by Paul Gragl and published by Oxford University Press. This book was released on 2018-03-23 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. Drawing on philosophical, epistemological, legal, moral, and political arguments, this book argues that only monism under the primacy of international law takes the law and the concept of legal validity seriously. On a practical level, it offers policy-makers and decision-makers methods of dealing with current problems and a means to restore respect for international law and peaceful international relations. While having the potential to revive and elicit further interest and research in monism and the Pure Theory of Law, the comprehensiveness and scope of the book also make it a choice text for inter-disciplinary scholars.
Download or read book Why Religion Towards a Critical Philosophy of Law Peace and God written by Dawid Bunikowski and published by Springer Nature. This book was released on 2020-02-11 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relation between religion and jurisprudence, God, and peace respectively. It argues that in order to elucidate the possible role religion can play in the contemporary world, it is useful to analyse religion by associating it with other concepts. Why peace? Because peace is probably the greatest promise made by religions and the greatest concern in the contemporary world. Why jurisprudence? Because, quoting Kelsen’s famous book "Peace through Law", peace is usually understood as something achievable by international legal instruments. But what if we replace "Peace through Law" with "Peace through Religion"? Does law, as an instrument for achieving peace, incorporate a religious dimension? Is law, ultimately, a religious and normative construction oriented to peace, to the protection of humanity, in order to keep humans from the violence of nature? Is the hope for peace rational, or just a question of faith? Is religion itself a question of faith or a rational choice? Is the relatively recent legal concept of “responsibility to protect” a secular expression of the oldest duty of humankind? The book follows the structure of interdisciplinary research in which the international legal scholar, the moral philosopher, the philosopher of religion, the theologian, and the political scientist contribute to the construction of the necessary bridges. Moreover, it gives voice to different monotheistic traditions and, more importantly, it analyses religion in the various dimensions in which it determines the authors' cultures: as a set of rituals, as a source of moral norms, as a universal project for peace, and as a political discourse.
Download or read book The Idea of a Pure Theory of Law written by Christoph Kletzer and published by Bloomsbury Publishing. This book was released on 2018-01-25 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most contemporary legal philosophers tend to take force to be an accessory to the law. According to this prevalent view the law primarily consists of a series of demands made on us; force, conversely, comes into play only when these demands fail to be satisfied. This book claims that this model should be jettisoned in favour of a radically different one: according to the proposed view, force is not an accessory to the law but rather its attribute. The law is not simply a set of rules incidentally guaranteed by force, but it should be understood as essentially rules about force. The book explores in detail the nature of this claim and develops its corollaries. It then provides an overview of the contemporary jurisprudential debates relating to force and violence, and defends its claims against well-known counter-arguments by Hart, Raz and others. This book offers an innovative insight into the concept of Pure Theory. In contrast to what was claimed by Hans Kelsen, the most eminent contributor to this theory, the author argues that the core insight of the Pure Theory is not to be found in the concept of a basic norm, or in the supposed absence of a conceptual relation between law and morality, but rather in the fundamental and comprehensive reformulation of how to model the functioning of the law intended as an ordering of force and violence.
Download or read book The Internationalists written by Oona Anne Hathaway and published by Simon and Schuster. This book was released on 2017-09-12 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A bold and provocative history of how an overlooked 1923 treaty was among the most transformative events in modern history. On a hot summer afternoon in 1928, the leaders of the world assembled in Paris to outlaw war. Within the year, the treaty signed that day, known as the Peace Pact, had been ratified by nearly every state in the world. War, for the first time in history, had become illegal the world over. But the promise of that summer day was fleeting. Within a decade of the signing of the Pact, each state that had gathered in Paris to renounce war was at war. And in the century that followed, the Peace Pact was dismissed as an act of folly and an unmistakable failure. This book argues that that understanding is inaccurate, and that the Peace Pact ushered in a sustained march toward peace that lasts to this day. [This book] tells the story of the Peace Pact by placing it in the long history of international law from the seventeenth century through the present. It details the brutal world of conflict the Peace Pact helped extinguish and the subsequent era where tariffs took the place of tanks. Accessible and gripping, this hook will change the way we view the history of the twentieth century--and show how we must work together to protect the global order the internationalists fought to make possible."--Jacket.
Download or read book Contemporary Perspectives on Legal Obligation written by Stefano Bertea and published by Routledge. This book was released on 2020-07-27 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together world-class scholars who have devoted themselves to the study of legal obligation, this book addresses key dimensions of the current debate: providing novel insights and perspectives, as well as critically discussing the leading theories of legal obligation. The notion of legal obligation is widely regarded as fundamental by both legal practitioners and legal theorists. For the language that explicitly refers to obligation is pervasive insofar as paradigmatic legal materials make reference to obligation either directly, by specifying what a subject is obligated to do, or indirectly, by attributing rights, privileges, powers, permissions, and other normative statuses to both single individuals and groups. There is, then, broad agreement that obligation constitutes a central element in legal studies. At the same time, however, there is considerable disagreement among contemporary legal theorists about how legal obligation can or should be elucidated. This book accounts for both the significance of obligation in law and the variety of views of legal obligation championed in legal philosophy today. With contributions from renowned theorists, this book will be invaluable for scholars and students of legal theory, legal philosophy, and jurisprudence.
Download or read book Radical Constitutional Pluralism in Europe written by Orlando Scarcello and published by Taylor & Francis. This book was released on 2022-12-23 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the challenge of constitutional pluralism and its importance, showing its theoretical and practical relevance, and giving a sense of why the existing scholarship on the matter is unsatisfactory. The work explores how legal practitioners and theorists have faced the challenge of a society living under two constitutions at the same time. This comes as the European Union, which legally and politically integrates Europe and seems to challenge the view that no State can simultaneously abide by both the venerable national constitutions and the ever-developing EU constitutional law, is increasingly torn between calls for closer integration to face collective challenges and mounting Euroscepticism and nationalism. This work employs a strongly pluralist perspective and a comparative methodology, and looks at constitutional crises outside the EU to ground the claim that pluralism and conflicts are essential elements of modern constitutions. It shows how the challenge of constitutional pluralism depends on a mistaken interpretation of positivist theory and how the latter, reinterpreted in a manner close to legal realism, has the resources to explain pluralism. Finally, the book addresses the issue of constitutional conflicts within the EU: it examines in detail recent cases of open disobedience to EU law by national courts and distinguishes physiological conflict from constitutional pathology. This work will be of particular interest to students and academics in Law and Political Science. It will also be compelling reading for scholars in general jurisprudence, EU law, constitutional and comparative constitutional law, and the history of European integration.
Download or read book Refugees and Knowledge Production written by Magdalena Kmak and published by Routledge. This book was released on 2022-02-13 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on research within the fields of exile studies and critical migration studies and drawing links between historical and contemporary ‘refugee scholarship’, this volume challenges the bias of methodological nationalism and Eurocentrism in discussing the multifaceted forms of knowledge emerging in the context of migration and mobility. With critical attention to the meaning, production and scope of ‘refugee scholarship’ generated at the institutions of higher education, it also focuses on ‘refugee knowledge’ produced outside academia, and scrutinizes the conditions according to which it is validated or silenced. Presenting studies of historical refuge and exile, together with the experiences of contemporary refugee scholars, this book will appeal to scholars across the social sciences with interests in forced migration, refugee studies, the sociology of knowledge and the phenomenon of ‘insider’ knowledge, and research methods and methodology. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Download or read book Democracy Capitalism and the Welfare State written by Peter C. Caldwell and published by Oxford University Press. This book was released on 2019-03-14 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy, Capitalism, and the Welfare State investigates political thought under the conditions of the postwar welfare state, focusing on the Federal Republic of Germany (1949-1989). The volume argues that the welfare state informed and altered basic questions of democracy and its relationship to capitalism. These questions were especially important for West Germany, given its recent experience with the collapse of capitalism, the disintegration of democracy, and National Socialist dictatorship after 1930. Three central issues emerged. First, the development of a nearly all-embracing set of social services and payments recast the problem of how social groups and interests related to the state, as state agencies and affected groups generated their own clientele, their own advocacy groups, and their own expert information. Second, the welfare state blurred the line between state and society that is constitutive of basic rights and the classic world of liberal freedom; rights became claims on the state, and social groups became integral parts of state administration. Third, the welfare state potentially reshaped the individual citizen, who became wrapped up with mandatory social insurance systems, provisioning of money and services related to social needs, and the regulation of everyday life. Peter C. Caldwell describes how West German experts sought to make sense of this vast array of state programs, expenditures, and bureaucracies aimed at solving social problems. Coming from backgrounds in politics, economics, law, social policy, sociology, and philosophy, they sought to conceptualize their state, which was now social (one German word for the welfare state is indeed Sozialstaat), and their society, which was permeated by state policies.
Download or read book Jus Post Bellum The Rediscovery Foundations and Future of the Law of Transforming War into Peace written by Jens Iverson and published by BRILL. This book was released on 2021-05-31 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Jus Post Bellum, Jens Iverson provides for the first time the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace.
