Hans Kelsen Und Die Offene Gesellschaft
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Hans Kelsen Und Die Offene Gesellschaft
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Author : Robert Chr. van Ooyen
language : de
Publisher: Springer-Verlag
Release Date : 2017-03-30
Hans Kelsen Und Die Offene Gesellschaft written by Robert Chr. van Ooyen and has been published by Springer-Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-30 with Political Science categories.
Hans Kelsens „Staatslehre ohne Staat“ und „Volk“ ist eine bedeutsame politische Theorie, vielleicht sogar die Verfassungstheorie der offenen Gesellschaft in der postnationalen Moderne: Ob Zuwanderungsgesellschaft oder europäische Integration – mit ihr lassen sich genau die aktuellen demokratie- und verfassungstheoretischen Herausforderungen pluralistischer Gesellschaften erfassen, an denen die tradierten Staats- und Verfassungslehren bis in die Rechtsprechung des Bundesverfassungsgerichts hinein scheitern. Kelsens modern-demokratische Konzeption einer Bürgerschaft als Rechtsgenossenschaft bedarf weder der „Souveränität“ noch der „homogenen Nation“; sie ist daher auch die für das zeitgemäße Verständnis des Grundgesetzes adäquate Staats- und Verfassungstheorie.
Democracy In Its Essence
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Author : Sara Lagi
language : en
Publisher:
Release Date : 2020-10-15
Democracy In Its Essence written by Sara Lagi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-15 with categories.
Democracy in Its Essence analyzes Hans Kelsen's political theory as a pluralist, relativist, constitutional, proceduralist, and liberal theory of representative democracy, characterized by its 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.
The Reconstruction Of The Juridico Political
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Author : Ian Bryan
language : en
Publisher: Routledge
Release Date : 2015-12-22
The Reconstruction Of The Juridico Political written by Ian Bryan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-22 with Law categories.
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.
Hans Kelsen In America Selective Affinities And The Mysteries Of Academic Influence
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Author : D.A. Jeremy Telman
language : en
Publisher: Springer
Release Date : 2016-08-26
Hans Kelsen In America Selective Affinities And The Mysteries Of Academic Influence written by D.A. Jeremy Telman and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-26 with Philosophy categories.
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.
The Foundation Of The Juridico Political
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Author : Ian Bryan
language : en
Publisher: Routledge
Release Date : 2015-10-23
The Foundation Of The Juridico Political written by Ian Bryan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-23 with Law categories.
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.
General Theory Of Law And State
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Author : Hans Kelsen
language : en
Publisher: Routledge
Release Date : 2017-07-05
General Theory Of Law And State written by Hans Kelsen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.
Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law", - within which the study of international law was his special field of work. The present volume, "General Theory of Law and State", first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence. The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories, "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries". Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, "General Theory of Law and State" is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German. The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.
Hans Kelsen S Pure Theory Of Law
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Author : Lars Vinx
language : en
Publisher: Oxford University Press, USA
Release Date : 2007
Hans Kelsen S Pure Theory Of Law written by Lars Vinx 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 2007 with Law categories.
By showing how Kelsen's theory of law works alongside his political philosophy, the book shows the Pure Theory to be part of a wider attempt to understand how political power can be legitimately exercised in pluralist societies.
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.
Society And Nature
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Author : Hans Kelsen
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2009
Society And Nature written by Hans Kelsen and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Social Science categories.
The influential jurist Hans Kelsen [1881-1973] here applies his concept of the distinction between society and nature. He shows how primitive man developed his interpretation of nature, through the laws of retribution and of causality, to a modern concept of nature and society. He holds that the gradual emancipation of the law of causality from the principle of retribution is "the emancipation from a social interpretation of nature. The process shows a relation between social and natural science which is very important from the point of view of intellectual history." (Introduction p. viii) Extensively annotated. Kelsen is known for his theory of pure positive law, as postulated in General Theory of Law and State, which is also available in a reprint edition from The Lawbook Exchange.
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.
