The Reconstruction Of The Juridico Political
DOWNLOAD
Download The Reconstruction Of The Juridico Political PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Reconstruction Of The Juridico Political book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Reconstruction Of The Juridico Political
DOWNLOAD
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.
The Foundation Of The Juridico Political
DOWNLOAD
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.
Hans Kelsen And The Natural Law Tradition
DOWNLOAD
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.
Kelsenian Legal Science And The Nature Of Law
DOWNLOAD
Author : Peter Langford
language : en
Publisher: Springer
Release Date : 2017-05-16
Kelsenian Legal Science And The Nature Of Law written by Peter Langford and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-16 with Law categories.
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.
Aristotle On Emotions In Law And Politics
DOWNLOAD
Author : Liesbeth Huppes-Cluysenaer
language : en
Publisher: Springer
Release Date : 2018-02-13
Aristotle On Emotions In Law And Politics written by Liesbeth Huppes-Cluysenaer and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-13 with Law categories.
In this book, experts from the fields of law and philosophy explore the works of Aristotle to illuminate the much-debated and fascinating relationship between emotions and justice. Emotions matter in connection with democracy and equity – they are relevant to the judicial enforcement of rights, legal argumentation, and decision-making processes in legislative bodies and courts. The decisive role that emotions, feelings and passions play in these processes cannot be ignored – not even by those who believe that emotions have no legitimate place in the public sphere. A growing body of literature on these topics recognizes the seminal insights contributed by Aristotle. This book offers a comprehensive analysis of his thinking in this context, as well as proposals for inspiring dialogues between his works and those written by a selection of modern and contemporary thinkers. As such, the book offers a valuable resource for students of law, philosophy, rhetoric, politics, ethics and history, but also for readers interested in the ongoing debate about legal positivism and the relevance of emotions for legal and political life in today’s world.
Carl Schmitt S State And Constitutional Theory
DOWNLOAD
Author : Benjamin A. Schupmann
language : en
Publisher: Oxford University Press
Release Date : 2017
Carl Schmitt S State And Constitutional Theory written by Benjamin A. Schupmann 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 2017 with History categories.
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.
Rule Of Law Vs Majoritarian Democracy
DOWNLOAD
Author : Giuliano Amato
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-08-26
Rule Of Law Vs Majoritarian Democracy written by Giuliano Amato and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-26 with Law categories.
What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation.
The Legitimacy Of Modern Democracy
DOWNLOAD
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
Reading Max Weber S Sociology Of Law
DOWNLOAD
Author : Hubert Treiber
language : en
Publisher: Oxford University Press
Release Date : 2020-08-20
Reading Max Weber S Sociology Of Law written by Hubert Treiber 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 2020-08-20 with Law categories.
Reading Max Weber's Sociology of Law serves both as an introduction and as a distillation of more than thirty years of reading and reflection on Weber's scholarship. It provides a solid and comprehensive introduction to Weber and sets out his main concepts. Drawing on recent research in the history of law, this book also presents and critiques the process by which the law was rationalized and which Weber divided into four ideal-typical stages of development. Hubert Treiber provides commentary in a manner informed both historically and sociologically. The book explores Weber's concepts in relation to the creation of laws between secular the religious powers. The book goes on to examine the codifications that were undertaken by Prussian absolutism and Napoleon in the Code Civil. It further covers Weber's thoughts on antiformal legal tendencies, issues that are still prevalent in law today. This text is no mere reiteration of Weber's concepts. The volume contextualizes Weber's work in the light of current research, setting out to amend misinterpretations and misunderstandings that have prevailed from Weber's original texts. Treiber's introduction is much more than a simple guide through a complicated text. It is an important work in its own right and critical for any student of the sociology of law.
Max Weber S Interpretive Sociology Of Law
DOWNLOAD
Author : Michel Coutu
language : en
Publisher: Routledge
Release Date : 2018-04-09
Max Weber S Interpretive Sociology Of Law written by Michel Coutu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-09 with Law categories.
This book presents a clear and precise account of the structure and content of Max Weber's sociology of law: situating its methodological and epistemological specificity in relation to other approaches to the sociology of law; as well as offering a critical evaluation of Weber's usefulness for contemporary socio-legal research. The book is divided into three parts. The first part deals with the methodological foundations of Weber's sociology of law. The second analyses the central theme of this sociology, the rationalisation of law, from the perspective of its internal logical coherence, its empirical validity, and finally its legitimacy. The third part questions the present-day relevance of the Weberian sociology of law for socio-legal research, notably with regard to legal pluralism. Max Weber, it is demonstrated, is not merely a 'founding father' of the sociology of law; rather, his methodology, concepts, and empirical analyses remain highly useful to the further development of work in this area.