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Author: Ian Bryan
Publisher: Routledge
ISBN: 113504743X
Category : Law
Languages : en
Pages : 266
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Book Description
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.
Author: Ian Bryan
Publisher: Routledge
ISBN: 113504743X
Category : Law
Languages : en
Pages : 266
Get Book Here
Book Description
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.
Author: Ian Bryan
Publisher: Routledge
ISBN: 1136007687
Category : Law
Languages : en
Pages : 208
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Book Description
Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber contests the conventional understanding of the theoretical relationship between Kelsen’s legal positivism and Weber’s sociology of law. Utilising the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume analyse central points of affinity and divergence in the work of these two influential figures. Thus, the chapters collected in The Reconstruction of the Juridico-Political offer a comprehensive reconsideration of these affinities and divergences, through a comparison of their respective reconstruction of the notions of democracy, the State, legal rights and the character of law. From this reconsideration a more complex understanding of their theoretical relationship emerges combined with a renewed emphasis upon the continued contemporary relevance of the work of Kelsen and Weber.
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: Ahmed Meiloud
Publisher: Cambridge Scholars Publishing
ISBN: 1036409856
Category : Religion
Languages : en
Pages : 257
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Book Description
This ground-breaking volume on political Islam takes the question of Islam and secularism in an entirely different direction. It shows how leading Islamists use Islamic legal theory to liberate the political sphere from the narrow exegetical worldviews of classical jurists and modern fundamentalists. Exploring the work of a vanguard of Islamists, the book brilliantly parses out the broadlines of these Islamists’ liberal theory and its underpinning legal grounds. This theory promises much. Beyond resolving the problem of political legitimacy in Muslim majority countries, it opens immense potential for reasonable ‘overlapping consensuses’ between traditional worldviews and modern secular perspectives. Most strikingly, this resolution rests not on a break with the Islamic legal heritage but on rediscovering and refining the most profound aspects of it. The secret of this liberal theory lies in the broad application of the medieval concept of maqasid, the Lawgiver’s aims. This approach shifts the focus from textual analysis emphasizing what God said to a systematic rational exploration of what He intended.
Author: John E. Atwell
Publisher: Springer Science & Business Media
ISBN: 9789024731671
Category : Philosophy
Languages : en
Pages : 252
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Book Description
Immanuel Kant (1724-1804) stands among the greatest thinkers of the Western world. There is hardly an area of thought, at least of philosophical thought, to which he did not make significant and lasting contributions. Particularly noteworthy are his writings on the foundations and limits of human knowledge, the bidimensional nature of perceptual or "natural" objects (including human beings), the basic principles and ends of morality, the character of a just society and of a world at peace, the movement and direction of human history, the nature of beauty, the end or purpose of all creation, the proper education of young people, the true conception of religion, and on and on. Though Kant was a life-long resident of Konigsberg, Prussia - child, student, tutor, and then professor of philosophy (and other subjects) - his thought ranged over nearly all the world and even beyond. Reports reveal that he (a bachelor) was an amiable man, highly respected by his students and colleagues, and even loved by his several close friends. He was apparently a man of integrity, both in his personal relations and in his pursuit of knowledge and truth. Despite his somewhat pessimistic attitude toward the moral progress of mankind - judging from past history and contemporary events - he never wavered from a deep-seated faith in the goodness of the human heart, in man's "splendid disposition toward the good.
Author: Peter Langford
Publisher: Springer
ISBN: 3319518178
Category : Law
Languages : en
Pages : 320
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Book Description
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.
Author: Falguni A. Sheth
Publisher: State University of New York Press
ISBN: 0791494047
Category : Philosophy
Languages : en
Pages : 273
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Book Description
Timely, controversial, and incisive, Toward a Political Philosophy of Race looks uncompromisingly at how a liberal society enables racism and other forms of discrimination. Drawing on the examples of the internment of U.S. citizens and residents of Japanese descent, of Muslim men and women in the contemporary United States, and of Asian Indians at the turn of the twentieth century, Falguni A. Sheth argues that racial discrimination and divisions are not accidents in the history of liberal societies. Race, she contends, is a process embedded in a range of legal technologies that produce racialized populations who are divided against other groups. Moving past discussions of racial and social justice as abstract concepts, she reveals the playing out of race, racialization of groups, and legal frameworks within concrete historical frameworks.
Author: Isobel Roele
Publisher: Cambridge University Press
ISBN: 1107182387
Category : Law
Languages : en
Pages : 253
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Book Description
Shows how the United Nations' management of counter-terrorism stifles the law's ability to speak against the injustices of collective security.
Author: Dietmar Heidemann
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110422123
Category : Philosophy
Languages : en
Pages : 260
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Book Description
Research on federalism is rarely concerned with its philosophical foundations. However, arguments on why and how best to organise a plurality of states in a multilevel political order have first been discussed by philosophers and continue to inspire contemporary reasoning on international and supranational relations not only in political philosophy. This book offers a unique overview of the philosophical foundations of federalism from both a historical and a systematic perspective. The analyses proposed by renowned scholars from the US and from several European countries cover classic writers such as Hobbes and the authors of the Federalist Papers, Kant and Rawls, and range from anthropological justifications of federal orders to contemporary problems of EU constitutionalism, the principle of subsidiarity and the jurisdiction of the European Court of Human Rights (ECHR). The book is of relevance to anyone interested in philosophical justifications of federalism.
Author: Michael A Wilkinson
Publisher: Bloomsbury Publishing
ISBN: 1509911693
Category : Law
Languages : en
Pages : 321
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Book Description
In 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, 'an account of the foundation of the discipline of public law with a view to identifying its essential character'. The book has become a landmark in the field, and it has been said, notably by one of its major critics, that it now provides the 'starting point' for any deeper inquiry into the subject. The purpose of this volume is to engage critically with Foundations – conceptually, comparatively and historically – from the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union.
