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Author: Dan Diner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 204
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Book Description
Proceedings of a conference on Kelsen and Schmitt held Jan. 5-6, 1997 in Tel Aviv and organized by the Max Planck Institute of European Legal History, Frankfurt/Main and the Institute for German History at Tel Aviv University.
Author: Dan Diner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 204
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Book Description
Proceedings of a conference on Kelsen and Schmitt held Jan. 5-6, 1997 in Tel Aviv and organized by the Max Planck Institute of European Legal History, Frankfurt/Main and the Institute for German History at Tel Aviv University.
Author: Hans Kelsen
Publisher: Cambridge University Press
ISBN: 110709268X
Category : Law
Languages : en
Pages : 291
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Book Description
The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.
Author:
Publisher:
ISBN: 9781316254301
Category : Constitutional law
Languages : en
Pages : 292
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Book Description
The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.
Author:
Publisher: Cambridge University Press
ISBN: 131624105X
Category : Law
Languages : en
Pages : 291
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Book Description
This volume provides the first English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of constitutional review. It includes Kelsen's seminal piece, 'The Nature and Development of Constitutional Adjudication', as well as key extracts from the 'Guardian of the Constitution' which present Schmitt's argument against constitutional review. Also included are Kelsen's review of Schmitt's 'Guardian of the Constitution', as well as some further material by Kelsen and Schmitt on presidential dictatorship under Article 48 of the Weimar Constitution. These texts show Kelsen and Schmitt responding to one another, in the context of a debate focused on a concrete constitutional crisis, thus allowing the reader to assess the plausibility of Kelsen's and Schmitt's legal and constitutional theories.
Author:
Publisher: Cambridge University Press
ISBN: 1108786162
Category : Law
Languages : en
Pages : 273
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Book Description
Many of Carl Schmitt's major works have by now been translated, with two notable exceptions: Schmitt's two early monographs Statute and Judgment (first published in 1912) and The Value of the State and the Significance of the Individual (first published in 1914). In these two works Schmitt presents a theory of adjudication as well as an account of the state's role in the realization of the rule of law, which together form the theoretical basis on which Schmitt later developed his political and constitutional theory. This new book makes these two key texts available in English translation for the first time, together with an introduction that relates the texts to their historical context, to Schmitt's other works, and to contemporary discussions in legal and constitutional theory.
Author: David Dyzenhaus
Publisher: Oxford University Press, USA
ISBN:
Category : History
Languages : en
Pages : 310
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Book Description
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.
Author: Nikolaos Vagdoutis
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 300
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Book Description
Author: Peter Langford
Publisher: BRILL
ISBN: 9004390391
Category : Philosophy
Languages : en
Pages : 555
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Book Description
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.
Author: Jens Meierhenrich
Publisher: Oxford University Press
ISBN: 0199916934
Category : Law
Languages : en
Pages : 873
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Book Description
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. Uniquely located at the intersection of law, the social sciences, and the humanities, it brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography.
Author: Mariano Croce
Publisher: Routledge
ISBN: 1136220674
Category : Law
Languages : en
Pages : 213
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Book Description
The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitt’s theory of politics, law and the relation between these two domains. The book argues that Schmitt’s adhesion to legal institutionalism was a key theoretical achievement, based on serious reconsideration of the main flaws of his own decisionist paradigm, in the light of the French and Italian institutional theories of law. In so doing, the authors elucidate how Schmitt was able to unravel many of the impasses that affected his previous conceptual framework. The authors also make comparisons between Schmitt and other leading legal theorists (H. Kelsen, M. Hauriou, S. Romano and C. Mortati) and explain why the current legal debate should take into serious account his legacy.
