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Hans Kelsen and the Case for Democracy is a contextual analysis of this famous jurist's political thought.
Book Synopsis Hans Kelsen and the Case for Democracy by : Sandrine Baume
Download or read book Hans Kelsen and the Case for Democracy written by Sandrine Baume and published by ECPR Press. This book was released on 2012 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen and the Case for Democracy is a contextual analysis of this famous jurist's political thought.
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.
Book Synopsis The Essence and Value of Democracy by : Hans Kelsen
Download or read book The Essence and Value of Democracy written by Hans Kelsen and published by Rowman & Littlefield Publishers. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Making Democratic Theory Democratic by : Stephen Turner
Download or read book Making Democratic Theory Democratic written by Stephen Turner and published by Taylor & Francis. This book was released on 2023-03-03 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Hans Kelsen and the Natural Law Tradition by : Peter Langford
Download or read book Hans Kelsen and the Natural Law Tradition written by Peter Langford and published by BRILL. This book was released on 2019-03-19 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 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.
Book Synopsis Weimar by : Arthur Jacobson
Download or read book Weimar written by Arthur Jacobson and published by Univ of California Press. This book was released on 2001-01-06 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Democracy in Its Essence by : Sara Lagi
Download or read book Democracy in Its Essence written by Sara Lagi and published by Rowman & Littlefield. This book was released on 2020-10-07 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
Book Synopsis Pure Theory of Law by : Hans Kelsen
Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
Moral relativism is deeply troubling for those who believe that, without a set of moral absolutes, democratic societies will devolve into tyranny or totalitarianism. Engaging directly with this claim, Carlo Invernizzi Accetti traces the roots of contemporary anti-relativist fears to the antimodern rhetoric of the Catholic Church and then rescues a form of philosophical relativism for modern, pluralist societies, arguing that this viewpoint provides the firmest foundation for an allegiance to democracy. In his analyses of the relationship between religious arguments and political authority and the implications of philosophical relativism for democratic theory, Accetti makes a far-ranging contribution to contemporary debates over the revival of religion in politics and the conceptual grounds for a commitment to democracy. He presents the first comprehensive genealogy of anti-relativist discourse and reclaims for English-speaking readers the overlooked work of Hans Kelsen on the connection between relativism and democracy. By engaging with contemporary attempts to replace the religious foundation of democratic values with a neo-Kantian conception of reason, Accetti also makes a powerful case for relativism as the best basis for a civic ethos that integrates different perspectives into democratic politics.
Book Synopsis Relativism and Religion by : Carlo Invernizzi Accetti
Download or read book Relativism and Religion written by Carlo Invernizzi Accetti and published by Columbia University Press. This book was released on 2015-11-10 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moral relativism is deeply troubling for those who believe that, without a set of moral absolutes, democratic societies will devolve into tyranny or totalitarianism. Engaging directly with this claim, Carlo Invernizzi Accetti traces the roots of contemporary anti-relativist fears to the antimodern rhetoric of the Catholic Church and then rescues a form of philosophical relativism for modern, pluralist societies, arguing that this viewpoint provides the firmest foundation for an allegiance to democracy. In his analyses of the relationship between religious arguments and political authority and the implications of philosophical relativism for democratic theory, Accetti makes a far-ranging contribution to contemporary debates over the revival of religion in politics and the conceptual grounds for a commitment to democracy. He presents the first comprehensive genealogy of anti-relativist discourse and reclaims for English-speaking readers the overlooked work of Hans Kelsen on the connection between relativism and democracy. By engaging with contemporary attempts to replace the religious foundation of democratic values with a neo-Kantian conception of reason, Accetti also makes a powerful case for relativism as the best basis for a civic ethos that integrates different perspectives into democratic politics.
In a lively account of Kelsen's life and political thinking, Robert Schuett introduces him as a political realist and brings his thought on human nature, the state and war into productive tension with today's Schmittians and conventional views of foreign policy realism.
Book Synopsis Hans Kelsen's Political Realism by : Robert Schuett
Download or read book Hans Kelsen's Political Realism written by Robert Schuett and published by EUP. This book was released on 2022-11-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a lively account of Kelsen's life and political thinking, Robert Schuett introduces him as a political realist and brings his thought on human nature, the state and war into productive tension with today's Schmittians and conventional views of foreign policy realism.
This book investigates the deep conceptual structure of the distinction between the creation and the application of law. Legal philosophers either take the distinction for granted or, when they address it directly, they do so only for the purpose of criticizing it as just another upshot of legal formalism. The latter approach suggests the distinction is either unsound or, at the very least, useless. But supporters of this stance do not realize the implications of their positions, which transcend legal/theoretical discourse and raise serious problems in both political and constitutional theory. This book demonstrates that the distinction between the creation and application of law, properly understood, is a central feature of jurisprudence, fundamental to the justification of a legal order, and essential to the separation of powers and the rule of law.
Book Synopsis The Making of Constitutional Democracy by : Paolo Sandro
Download or read book The Making of Constitutional Democracy written by Paolo Sandro and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the deep conceptual structure of the distinction between the creation and the application of law. Legal philosophers either take the distinction for granted or, when they address it directly, they do so only for the purpose of criticizing it as just another upshot of legal formalism. The latter approach suggests the distinction is either unsound or, at the very least, useless. But supporters of this stance do not realize the implications of their positions, which transcend legal/theoretical discourse and raise serious problems in both political and constitutional theory. This book demonstrates that the distinction between the creation and application of law, properly understood, is a central feature of jurisprudence, fundamental to the justification of a legal order, and essential to the separation of powers and the rule of law.
