Author: Robert Schuett
Publisher: EUP
ISBN: 9781474481694
Category : Political Science
Languages : en
Pages : 0
Book Description
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.
Hans Kelsen's Political Realism
Author: Robert Schuett
Publisher: EUP
ISBN: 9781474481694
Category : Political Science
Languages : en
Pages : 0
Book Description
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.
Publisher: EUP
ISBN: 9781474481694
Category : Political Science
Languages : en
Pages : 0
Book Description
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.
Morgenthau, Law and Realism
Author: Oliver Jütersonke
Publisher: Cambridge University Press
ISBN: 113949130X
Category : Political Science
Languages : en
Pages :
Book Description
Although he is widely regarded as the 'founding father' of realism in International Relations, this book argues that Hans J. Morgenthau's legal background has largely been neglected in discussions of his place in the 'canon' of IR theory. Morgenthau was a legal scholar of German-Jewish origins who arrived in the United States in 1938. He went on to become a distinguished professor of Political Science and a prominent commentator on international affairs. Rather than locate Morgenthau's intellectual heritage in the German tradition of 'Realpolitik', this book demonstrates how many of his central ideas and concepts stem from European and American legal debates of the 1920s and 1930s. This is an ambitious attempt to recast the debate on Morgenthau and will appeal to IR scholars interested in the history of realism as well as international lawyers engaged in debates regarding the relationship between law and politics, and the history of International Law.
Publisher: Cambridge University Press
ISBN: 113949130X
Category : Political Science
Languages : en
Pages :
Book Description
Although he is widely regarded as the 'founding father' of realism in International Relations, this book argues that Hans J. Morgenthau's legal background has largely been neglected in discussions of his place in the 'canon' of IR theory. Morgenthau was a legal scholar of German-Jewish origins who arrived in the United States in 1938. He went on to become a distinguished professor of Political Science and a prominent commentator on international affairs. Rather than locate Morgenthau's intellectual heritage in the German tradition of 'Realpolitik', this book demonstrates how many of his central ideas and concepts stem from European and American legal debates of the 1920s and 1930s. This is an ambitious attempt to recast the debate on Morgenthau and will appeal to IR scholars interested in the history of realism as well as international lawyers engaged in debates regarding the relationship between law and politics, and the history of International Law.
Pure Theory of Law
Author: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775785
Category : Law
Languages : en
Pages : 366
Book Description
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.
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775785
Category : Law
Languages : en
Pages : 366
Book Description
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.
Edinburgh Companion to Political Realism
Author: Robert Schuett
Publisher: Edinburgh University Press
ISBN: 1474423299
Category : Political Science
Languages : en
Pages : 593
Book Description
Political realism is a highly diverse body of international relations theory. This substantial reference work examines political realism in terms of its history, its scientific methodology and its normative role in international affairs. Split into three sections, it covers the 2000-year canon of realism: the different schools of thought, the key thinkers and how it responds to foreign policy challenges faced by individual states and globally. It brings political realism up-to-date by showing where theory has failed to keep up with contemporary problems and suggests how it can be applied and adapted to fit our new, globalised world order.
Publisher: Edinburgh University Press
ISBN: 1474423299
Category : Political Science
Languages : en
Pages : 593
Book Description
Political realism is a highly diverse body of international relations theory. This substantial reference work examines political realism in terms of its history, its scientific methodology and its normative role in international affairs. Split into three sections, it covers the 2000-year canon of realism: the different schools of thought, the key thinkers and how it responds to foreign policy challenges faced by individual states and globally. It brings political realism up-to-date by showing where theory has failed to keep up with contemporary problems and suggests how it can be applied and adapted to fit our new, globalised world order.
Hans J. Morgenthau
Author: Christoph Frei
Publisher: LSU Press
ISBN: 9780807126585
Category : Political Science
Languages : en
Pages : 256
Book Description
Hans J. Morgenthau, a founding proponent of political realism, remains the central figure in international relations scholarship of the twentieth century. His book Politics among Nations literally defined the field in 1948 as it heralded the post--World War II paradigm shift in American thinking about diplomacy. Yet when Morgenthau died in 1980 at the age of seventy-six, no one present at his funeral had an inkling about the first half of his life -- his education, his early productive career in Europe and America, or the roots of his political philosophy. In the first and only volume devoted to the intellectual formation of Morgenthau, Christoph Frei draws upon an overwhelming abundance of resources -- including a lengthy paper trail of previously unseen diaries, correspondence, notes, and manuscripts -- to disclose the compelling story of a great mind in the making. Frei identifies the bases of Morgenthau's ideas and clarifies many misconceptions, including Morgenthau's link with Augustinian thought, his relationship with Reinhold Niebuhr, and the impact of major thinkers such as Max Weber, Hans Kelsen, and Carl Schmitt on the scholar. He offers incontrovertible evidence of Friedrich Nietzsche's predominant influence on Morgenthau. Resoundingly praised in the original German, Hans J. Morgenthau is a brilliant life study that presents the first coherent picture of the European intellectual building blocks Morgenthau brought with him to America.
Publisher: LSU Press
ISBN: 9780807126585
Category : Political Science
Languages : en
Pages : 256
Book Description
Hans J. Morgenthau, a founding proponent of political realism, remains the central figure in international relations scholarship of the twentieth century. His book Politics among Nations literally defined the field in 1948 as it heralded the post--World War II paradigm shift in American thinking about diplomacy. Yet when Morgenthau died in 1980 at the age of seventy-six, no one present at his funeral had an inkling about the first half of his life -- his education, his early productive career in Europe and America, or the roots of his political philosophy. In the first and only volume devoted to the intellectual formation of Morgenthau, Christoph Frei draws upon an overwhelming abundance of resources -- including a lengthy paper trail of previously unseen diaries, correspondence, notes, and manuscripts -- to disclose the compelling story of a great mind in the making. Frei identifies the bases of Morgenthau's ideas and clarifies many misconceptions, including Morgenthau's link with Augustinian thought, his relationship with Reinhold Niebuhr, and the impact of major thinkers such as Max Weber, Hans Kelsen, and Carl Schmitt on the scholar. He offers incontrovertible evidence of Friedrich Nietzsche's predominant influence on Morgenthau. Resoundingly praised in the original German, Hans J. Morgenthau is a brilliant life study that presents the first coherent picture of the European intellectual building blocks Morgenthau brought with him to America.
The Edinburgh Companion to Political Realism
Author: Robert Schuett
Publisher: EUP
ISBN: 9781474423281
Category : International relations
Languages : en
Pages : 0
Book Description
This substantial reference work examines political realism in terms of its history, its scientific methodology and its normative role in international affairs. Split into three sections, it covers the 2000-year canon of realism: the different schools of thought, the key thinkers and how it responds to foreign policy challenges.
Publisher: EUP
ISBN: 9781474423281
Category : International relations
Languages : en
Pages : 0
Book Description
This substantial reference work examines political realism in terms of its history, its scientific methodology and its normative role in international affairs. Split into three sections, it covers the 2000-year canon of realism: the different schools of thought, the key thinkers and how it responds to foreign policy challenges.
Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence
Author: D.A. Jeremy Telman
Publisher: Springer
ISBN: 3319331302
Category : Philosophy
Languages : en
Pages : 363
Book Description
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.
Publisher: Springer
ISBN: 3319331302
Category : Philosophy
Languages : en
Pages : 363
Book Description
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.
Hans Kelsen and the Natural Law Tradition
Author: Peter Langford
Publisher:
ISBN: 9789004390386
Category : Legal positivism
Languages : en
Pages : 0
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.
Publisher:
ISBN: 9789004390386
Category : Legal positivism
Languages : en
Pages : 0
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.
The Public International Law Theory of Hans Kelsen
Author: Jochen von Bernstorff
Publisher: Cambridge University Press
ISBN: 1139488589
Category : Law
Languages : en
Pages : 343
Book Description
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.
Publisher: Cambridge University Press
ISBN: 1139488589
Category : Law
Languages : en
Pages : 343
Book Description
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.
Political Realism, Freud, and Human Nature in International Relations
Author: R. Schuett
Publisher: Springer
ISBN: 023010908X
Category : Political Science
Languages : en
Pages : 360
Book Description
This book provides an important reappraisal of the concept of human nature in contemporary realist international-political theory. Developing a Freudian philosophical anthropology for political realism, he argues for the careful resurrection of the concept of human nature in the wider study of international relations.
Publisher: Springer
ISBN: 023010908X
Category : Political Science
Languages : en
Pages : 360
Book Description
This book provides an important reappraisal of the concept of human nature in contemporary realist international-political theory. Developing a Freudian philosophical anthropology for political realism, he argues for the careful resurrection of the concept of human nature in the wider study of international relations.