Die Reine Rechtslehre Und Die Rechtstheorie H L A Harts
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Die Reine Rechtslehre Und Die Rechtstheorie H L A Harts
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Author : Michael Pawlik
language : de
Publisher: Schriften zur Rechtstheorie
Release Date : 1993
Die Reine Rechtslehre Und Die Rechtstheorie H L A Harts written by Michael Pawlik and has been published by Schriften zur Rechtstheorie this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
Originally presented as the author's thesis (doctoral)--Rheinische Friedrich-Wilhelms-Universitèat Bonn, 1992.
The Oxford Handbook Of The Theory Of International Law
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Author : Anne Orford
language : en
Publisher: Oxford University Press
Release Date : 2016-09-22
The Oxford Handbook Of The Theory Of International Law written by Anne Orford and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-22 with Law categories.
The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.
The Public International Law Theory Of Hans Kelsen
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Author : Jochen von Bernstorff
language : en
Publisher: Cambridge University Press
Release Date : 2010-10-28
The Public International Law Theory Of Hans Kelsen written by Jochen von Bernstorff and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-28 with Law categories.
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.
Legal Monism
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Author : Paul Gragl
language : en
Publisher: Oxford University Press
Release Date : 2018-03-23
Legal Monism written by Paul Gragl and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-23 with Law categories.
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.
Hans Kelsen And The Natural Law Tradition
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Author : Peter Langford
language : en
Publisher: BRILL
Release Date : 2019-03-19
Hans Kelsen And The Natural Law Tradition written by Peter Langford and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-19 with Philosophy categories.
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.
Contemporary German Legal Philosophy
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Author : James E. Herget
language : en
Publisher: University of Pennsylvania Press
Release Date : 2017-11-15
Contemporary German Legal Philosophy written by James E. Herget and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-15 with Law categories.
James Herget explains to American legal scholars and students the main points of the characteristic legal philosophy that has developed in the German-speaking world since World War II. After a historical introduction and overview, he discusses critical rationalism, discourse theory, rhetorical theory, systems theory, and institutional legal positivism. He concludes with a general assessment and appends biographical information. Written for American legal scholars and students, who traditionally are exposed only to filtered versions of comparative legal traditions, this volume introduces a new world of legal theory that resonates within the context of other contemporary disciplines and German intellectual history.
Why Grundnorm
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Author : Uta Bindreiter
language : en
Publisher: Springer Science & Business Media
Release Date : 2002-12-31
Why Grundnorm written by Uta Bindreiter and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-12-31 with Philosophy categories.
Who presupposes Kelsen's basic norm? Is it possible to defend the presupposition in a way that is convincing? And what difference does the presupposition make? Endeavouring to highlight the role of basic assumptions in the law, the author argues that the verb "to presuppose', with Kelsen, has not only a conceptual but also a normative dimension; and that the expression 'presupposing the basic norm'is adequate in so far as it marks the descriptive-normative nature of utterances made in specifically legal speech-situations. Addressed to legal theorists in general, the treatise purports to show that Kelsen's doctrine lends itself to an interpretation according to which the very act of "presupposing" the Grundnorm can be understood as a Grund, i.e. normative source of all positive law; and, what is more, that this interpretation admits of addressing the issue of the (formal) legitimacy of supra-national and directly applicable rules and other norms.
The Rule Of Unwritten International Law
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Author : Peter G. Staubach
language : en
Publisher: Routledge
Release Date : 2018-04-17
The Rule Of Unwritten International Law written by Peter G. Staubach and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-17 with Law categories.
This book seeks to re-appreciate the concept of customary international law as a form of spontaneous societal self-organisation, and to develop the methodological consequences that ensue from this conception for the practice of its application. In pursuing this aim, the author draws from three different strands of scholarship that have not yet been considered in connection with one another: First, general jurisprudential theories of customary law; second, theories of customary international law, especially as they relate to international relations scholarship; and third, methodological approaches to the interpretation of international law. This expansive, philosophical layout of the book enables the author to put the conceptual enigmas of customary international law into a broader perspective. Among the issues discussed in the book are the dichotomy of its traditional and modern forms and the respective benefits and disadvantages of inductive and deductive approaches to its ascertainment. In the course of this analysis, the author draws insights from Friedrich August Hayek’s theory of law as a ‘spontaneous order’, an information-processing device which enables the participants of a legal system to make use of decentralised knowledge. The book argues that the major advantage of custom as a source of international law lies in the fact that it is the result of a gradual process of trial and error, rather than the product of deliberate planning. This makes it a particularly apposite source of law in a time of seismic shifts in the distribution of power within a vastly diverse community of States, when a new global order is expected to emerge, the contours of which are not yet clearly discernible. This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, scholars of international relations and all those interested in how the international community of States organises itself.
Rechte Und Anspr Che
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Author : Bernd Grzeszick
language : de
Publisher: Mohr Siebeck
Release Date : 2002
Rechte Und Anspr Che written by Bernd Grzeszick and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
Das deutsche Staatshaftungsrecht bietet das Bild eines dogmatischen Chaos: Eine höchst heterogene Ansammlung von nur partiell gesetzlich geregelten, im übrigen richterrechtlich geformten und zwischen Öffentlichem und Privatem Recht changierenden Ansprüchen. Dieser Zustand ist nicht nur in der Praxis problematisch, sondern grundsätzlich prekär, weil in der haftungsrechtlichen Verantwortlichkeit des Staates gegenüber seinen Bürgern das zugrundeliegende Staatsverständnis unmittelbar zum Ausdruck kommt. Bernd Grzeszick stellt eine konsistente Dogmatik des deutschen wie des europäischen Staatshaftungsrechts vor, die an die allgemeine Dogmatik des Öffentlichen Rechts anknüpft und eine tragfähige Basis für die künftige Entwicklung bildet.
Integration Durch Recht
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Author : Eva Ricarda Lautsch
language : de
Publisher: Mohr Siebeck
Release Date : 2023-05-03
Integration Durch Recht written by Eva Ricarda Lautsch and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-03 with Law categories.