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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: Ian Bryan
Publisher: Routledge
ISBN: 1136007687
Category : Law
Languages : en
Pages : 208
Get Book Here
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: Benjamin A. Schupmann
Publisher: Oxford University Press
ISBN: 0192509314
Category : Law
Languages : en
Pages : 257
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Book Description
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.
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: Edith Hanke
Publisher:
ISBN: 0190679549
Category : Business & Economics
Languages : en
Pages : 674
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Book Description
Active at the time when the social sciences were founded, Max Weber's social theory contributed significantly to a wide range of fields and disciplines. Considering his prominence, it makes sense to take stock of the Weberian heritage and to explore the ways in which Weber's work and ideas have contributed to our understanding of the modern world. Using his work as a point of departure, The Oxford Handbook of Max Weber investigates the Weberian legacy today, identifying the enduring problems and themes associated with his thought that have contemporary significance: the nature of modern capitalism, neo-liberal global economic policy, nationalism, religion and secularization, threats to legality, the culture of modernity, bureaucratic rule and leadership, politics and ethics, the value of science, power and inequality. These problems are global in scope, and the Weberian approach has been used to address them in very different societies. Thus, the Handbook also features chapters on Europe, Turkey, Islam, Judaism, China, India, and international politics. The Handbook emphasizes the use and application of Weber's ideas. It offers a journey through the intellectual terrain that scholars continue to explore using the tools and perspectives of Weberian analysis. The essays explore how Weber's concepts, hypotheses, and perspectives have been applied in practice, and how they can be applied in the future in social inquiry, not only in Europe and North America, but globally. The volume is divided into six parts exploring, in turn: Capitalism in a Globalized World, Society and Social Structure, Politics and the State, Religion, Culture, and Science and Knowledge.
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: 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: Hubert Treiber
Publisher:
ISBN: 0198837321
Category : Law
Languages : en
Pages : 209
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Book Description
Max Weber's Sociology of Law evaluates the conditions in which modern legal systems were developed. Using recent research alongside history, this book provides a skilful overview of Weber's theories, layered with analysis and critique. A leading expert on Weber, Treiber provides invaluable insights as he dissects and expands on Weber's theories.
Author: Richard Swedberg
Publisher: Stanford University Press
ISBN: 150360022X
Category : Social Science
Languages : en
Pages : 470
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Book Description
Max Weber is one of the world's most important social scientists, but he is also one of the most notoriously difficult to understand. This revised, updated, and expanded edition of The Max Weber Dictionary reflects up-to-the-moment threads of inquiry and introduces the most recent translations and references. Additionally, the authors include new entries designed to help researchers use Weber's ideas in their own work; they illuminate how Weber himself thought theorizing should occur and how he went about constructing a theory. More than an elementary dictionary, however, this work makes a contribution to the general culture and legacy of Weber's work. In addition to entries on broad topics like religion, law, and the West, the completed German definitive edition of Weber's work (Max Weber Gesamtausgabe) necessitated a wealth of new entries and added information on topics like pragmatism and race and racism. Every entry in the dictionary delves into Weber scholarship and acts as a point of departure for discussion and research. As such, this book will be an invaluable resource to general readers, students, and scholars alike.
Author: Júlia Miklasová
Publisher: BRILL
ISBN: 9004702644
Category : Law
Languages : en
Pages : 757
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Book Description
The open access publication of this book has been published with the support of the Swiss National Science Foundation. International law is increasing in relevance to the topic of secession. This book demonstrates that if a secessionist entity’s effectiveness is achieved in violation of peremptory norms, the emergence of statehood is precluded, thereby challenging a classical view of secession as purely factual and meta-legal. Dr. Júlia Miklasová coins the term “illegal secessionist entity,” demonstrates the pervasive effects of the original illegality on the subsequent relations of such entities (purported diplomatic, treaty, economic relations, acts and laws) and outlines the overlapping regimes of the law of occupation, human rights law and duty of non-recognition. Post-Soviet secessionist entities result from an illegal use of force. They are thus prohibited from becoming States, and further consequences of their illegality apply.
Author: Nicoletta Bersier Ladavac
Publisher: Springer
ISBN: 3030189295
Category : Law
Languages : en
Pages : 183
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Book Description
This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.
