Hans Kelsen And The Case For Democracy
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Hans Kelsen And The Case For Democracy
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Author : Sandrine Baume
language : en
Publisher: ECPR Press
Release Date : 2012
Hans Kelsen And The Case For Democracy written by Sandrine Baume and has been published by ECPR Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Political Science categories.
Hans Kelsen and the Case for Democracy is a contextual analysis of this famous jurist's political thought.
The Essence And Value Of Democracy
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Author : Hans Kelsen
language : en
Publisher: Rowman & Littlefield
Release Date : 2013-08-22
The Essence And Value Of Democracy written by Hans Kelsen and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-22 with Political Science categories.
Hans Kelsen is widely recognized as one of the most important legal theorists of the 20th century. Surprisingly, however, his political writings are not nearly as widely known as his legal theory, especially in the English-speaking world. This book fills the void between what is and isn't known about Hans Kelsen's political philosophy, and the ways that philosophy has and will continue to shape political debates inherent to democracy in the future. For the first time in English, this classic book - with an introduction by political theorist Nadia Urbinati - provides an overview of Kelsen's career and his contributions to 20th century political thought.
Making Democratic Theory Democratic
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Author : Stephen Turner
language : en
Publisher: Taylor & Francis
Release Date : 2023-03-03
Making Democratic Theory Democratic written by Stephen Turner and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-03 with Social Science categories.
This book addressees a timely and fundamental problematic: the gap between the aims that people attempt to realize democratically and the law and administrative practices that actually result. The chapters explain the realities that administration poses for democratic theory. Topics include the political value of accountability, the antinomic character of political values, the relation between ultimate ends and the intermediate ends that are sought by constitutions, and a reconsideration of the meaning of the rule of law itself. The essays are inspired by the demystifying realism of Max Weber and Hans Kelsen, including explications of their views on law, constitutions, and the rule of law. The book will be of interest to social and political theorists, philosophers of law, and legal theorists, and for discussions of democratic theory, the administrative state, constitutionalism, and justice, as well as to readers of Weber and Kelsen.
Democracy In Its Essence
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Author : Sara Lagi
language : en
Publisher: Rowman & Littlefield
Release Date : 2020-10-07
Democracy In Its Essence written by Sara Lagi and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-07 with Political Science categories.
Hans Kelsen is commonly associated with legal theory and philosophy of law. Democracy in Its Essence: Hans Kelsen as a Political Thinker instead investigates Kelsen’s democratic theory as it developed between the 1920s and 1950s, which challenged the existence of democracies in many different respects. Kelsen provided a critical reflection on the strengths and problems of living within a democratic system, while also defending it against a series of specific targets: from the Soviet regime and Bolshevism to European Fascisms, from religious-based conceptions of politics to those claiming a perfect identity between capitalism and classical liberal institutions, and chiefly against all those ideologies claiming to possess objective understanding of what true freedom and true democracy signify. By seeking what he defined as the “essence” and “value” of democracy, Kelsen elaborated a pluralist, relativist, constitutional, proceduralist, and liberal theory of representative democracy, characterized by a strong recall to the values of tolerance, responsibility, and respect toward “the other” as well as to the idea of politics as space for compromise. In this book, Sara Lagi reconstructs his political theory as a relevant contribution to the twentieth-century liberal-democratic tradition of thought, while representing a stimulating reflection on the meaning and implication of democracy both as a political system and as a form of co-existence.
A New Science Of Politics
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Author : Hans Kelsen
language : en
Publisher: Walter de Gruyter
Release Date : 2013-05-02
A New Science Of Politics written by Hans Kelsen and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-02 with Philosophy categories.
Eric Voegelin is famous as a philosopher of history and a as one of the most eminent political scientists of the 20th century. His most fundamental work on political theory, the "New Science of Politics, is nowadays considered a classic in ist field. While the "New Science" has always been a very controversial book, ist critics have hardly ever taken the pain to pinpoint the weaknesses they condemmed Voegelins book for. There is, however, one exception: Only shortly after the appearance of Voegelins "New Science" in 1954, Hans Kelsen has written a most detailed reply to this book of his former student. This reply, which was known to Voegelin and is mentioned in his autobiography, is now being published by the ontos verlag. Being a distinguished philosopher himself of an erudition and breadth of knowledge that matches that of Eric Voegelin, Hans Kelsen is able to support the critical stance he takes on Voegelin "New Science" by clear and well founded argument. This critical reply to Voegelins "New Science" is not only an important contribution to the dispute about the foundations of political order in modern society, but will also prove valuable to readers generally interested in Voegelins life and work.
Hans Kelsen And The Natural Law Tradition
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Author : Peter Langford
language : en
Publisher:
Release Date : 2019
Hans Kelsen And The Natural Law Tradition written by Peter Langford and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Legal positivism 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. 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.
Legality And Legitimacy
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Author : David Dyzenhaus
language : en
Publisher: Oxford University Press, USA
Release Date : 1997
Legality And Legitimacy written by David Dyzenhaus and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with History categories.
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.
The Legitimacy Of Modern Democracy
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Author : Pedro T. Magalhães
language : en
Publisher: Routledge
Release Date : 2020-12-30
The Legitimacy Of Modern Democracy written by Pedro T. Magalhães and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-30 with Political Science categories.
By re-examining the political thought of Max Weber, Carl Schmitt and Hans Kelsen, this book offers a reflection on the nature of modern democracy and the question of its legitimacy. Pedro T. Magalhães shows that present-day elitist, populist and pluralist accounts of democracy owe, in diverse and often complicated ways, an intellectual debt to the interwar era, German-speaking, scholarly and political controversies on the problem(s) of modern democracy. A discussion of Weber’s ambivalent diagnosis of modernity and his elitist views on democracy, as they were elaborated especially in the 1910s, sets the groundwork for the study. Against that backdrop, Schmitt’s interwar political thought is interpreted as a form of neo-authoritarian populism, whereas Kelsen evinces robust, though not entirely unproblematic, pluralist consequences. In the conclusion, the author draws on Claude Lefort’s concept of indeterminacy to sketch a potentially more fruitful way than can be gleaned from the interwar German discussions of conceiving the nexus between the elitist, populist and pluralist faces of modern democracy. The Legitimacy of Modern Democracy will be of interest to political theorists, political philosophers, intellectual historians, theoretically oriented political scientists, and legal scholars working in the subfields of constitutional law and legal theory. The Open Access version of this book, available at https://doi.org/10.4324/9781315157566, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
Sovereignty And Constitutional Democracy
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Author : Petra Gümplová
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2011
Sovereignty And Constitutional Democracy written by Petra Gümplová and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Democracy categories.
The aim of this book is to rearticulate the discourse of sovereignty in modern political and legal theory and to outline a democratized model of sovereignty. The underlying aspiration is to show that contemporary tendencies to move beyond the idea of sovereignty are, in fact, based on a misunderstanding of this term. The study traces the roots and nature of this misunderstanding by analyzing the ambiguity of the early modern paradigm of sovereignty. Through a re-reading of the work of Jean Bodin and Thomas Hobbes, the author separates a common misconception that sovereignty amounts to the absolute and unlimited power to make law by command from more plausible elements of the concept, namely the idea of the political supremacy constituted and expressed in legal terms. The second part of the book reflects on the implication of the reconstructed concept of sovereignty for democratic and constitutional theory. Three legal theories centered around the notion of sovereignty are discussed-the theory of Hans Kelsen, Carl Schmitt, and Jurgen Habermas. It is argued that only Habermas succeeds in overcoming the absolutist paradigm of sovereignty. Using his discursive conception of public autonomy, the author demonstrates the continuing relevance of sovereignty for contemporary liberal democracies.
Weimar
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Author : Arthur Jacobson
language : en
Publisher: Univ of California Press
Release Date : 2001-01-06
Weimar written by Arthur Jacobson and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-01-06 with Philosophy categories.
This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are translated here played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Austria, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar Republic and the struggle for constitutionalism in Germany. This critical scrutiny of the Weimar jurisprudence of crisis offers an invaluable overview of the perils and promise of constitutional development in states that lack an entrenched tradition of constitutionalism.