Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Die Reine Rechtslehre Und Die Rechtstheorie H L A Harts
Download Die Reine Rechtslehre Und Die Rechtstheorie H L A Harts full books in PDF, epub, and Kindle. Read online Die Reine Rechtslehre Und Die Rechtstheorie H L A Harts ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis The Oxford Handbook of the Theory of International Law by : Anne Orford
Download or read book The Oxford Handbook of the Theory of International Law written by Anne Orford and published by Oxford University Press. This book was released on 2016-09-22 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Public International Law Theory of Hans Kelsen by : Jochen von Bernstorff
Download or read book The Public International Law Theory of Hans Kelsen written by Jochen von Bernstorff and published by Cambridge University Press. This book was released on 2010-10-28 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Monism written by Paul Gragl and published by Oxford University Press. This book was released on 2018-03-23 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Die Reine Rechtslehre und die Rechtstheorie H.L.A. Harts by : Michael Pawlik
Download or read book Die Reine Rechtslehre und die Rechtstheorie H.L.A. Harts written by Michael Pawlik and published by Schriften zur Rechtstheorie. This book was released on 1993 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally presented as the author's thesis (doctoral)--Rheinische Friedrich-Wilhelms-Universitèat Bonn, 1992.
Book Synopsis Contemporary German Legal Philosophy by : James E. Herget
Download or read book Contemporary German Legal Philosophy written by James E. Herget and published by University of Pennsylvania Press. This book was released on 2017-11-15 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Why Grundnorm? written by Uta Bindreiter and published by Springer Science & Business Media. This book was released on 2002-12-31 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Rule of Unwritten International Law by : Peter G. Staubach
Download or read book The Rule of Unwritten International Law written by Peter G. Staubach and published by Routledge. This book was released on 2018-04-17 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rethinking the Relationship Between International, EU and National Law by : Lando Kirchmair
Download or read book Rethinking the Relationship Between International, EU and National Law written by Lando Kirchmair and published by . This book was released on 2024-03-06 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.
Book Synopsis Introduction to the Problems of Legal Theory by : Hans Kelsen
Download or read book Introduction to the Problems of Legal Theory written by Hans Kelsen and published by Oxford University Press, USA. This book was released on 1992 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the leading legal philosophers of this century, Kelsen published this short treatise in 1934, when the neo-Kantian influence on his work was at its zenith. An earlier, "constructivist" phase had been displaced by his effort to provide something approximating a neo-Kantian foundation for his theory. If this second phase represents the Pure Theory of Law in its most characteristic form, then the present treatise may well be its central text. And of Kelsen's many statements of the Pure Theory, this one is surely the most accessible. Topics covered include the legal norm and Kelsen's normativity thesis, law and morality, the role of ideology, the concept of the legal person, legal interpretation, the identity of law and state, and the theory of international law. Among the appendices is an annotated bibliography of secondary literature on Kelsen.
Book Synopsis Self-steering and Cognition in Complex Systems by : Francis Heylighen
Download or read book Self-steering and Cognition in Complex Systems written by Francis Heylighen and published by CRC Press. This book was released on 1990 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the on-going philosophical debate between cognitivism and (radical) constructivism the pervading notions of self-reference, self- organization, self-steering, autonomy, etc., are at the forefront of discussion. These multidisciplinary papers, from a symposium on [title] held in May 1987, examine these topics in depth and illustrate their applications. Taken as a whole, they provide insight into the emergence of a new cybernetics. Book club price, $34. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence by : D.A. Jeremy Telman
Download or read book Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence written by D.A. Jeremy Telman and published by Springer. This book was released on 2016-08-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Selected Acquisitions by : Robert Crown Law Library
Download or read book Selected Acquisitions written by Robert Crown Law Library and published by . This book was released on 1992 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Juristic Concept of the Validity of Statutory Law by : Andrzej Grabowski
Download or read book Juristic Concept of the Validity of Statutory Law written by Andrzej Grabowski and published by Springer Science & Business Media. This book was released on 2013-06-24 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.
Book Synopsis The Project of Positivism in International Law by : Mónica García-Salmones Rovira
Download or read book The Project of Positivism in International Law written by Mónica García-Salmones Rovira and published by OUP Oxford. This book was released on 2013-11-28 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: International legal positivism has been crucial to the development of international law since the nineteenth century. It is often seen as the basis of mainstream or traditional international legal thought. The Project of Positivism in International Law addresses this theory in the long-standing tradition of critical intellectual histories of international law. It provides a nuanced analysis of the resilience of the economic-positivist theory, and shows how influential its role was in shaping the modern frameworks of international law. The book argues that the rise of positivist international law was inseparable from philosophical developments placing the notion of conflict of interests at the centre of collective life. Where previously international thought was dominated by notions of the right, the just, and the good, increasingly international relations became viewed as 'interests' in need of harmonisation. In this context, international law was re-founded as the universal law that could harmonise the interests of both public and private international entities. The book argues that these evolutions in philosophical thought were bound up with the consolidation of capitalism, and with the ideas about human existence and human nature which emerged in that process. It provides an innovative analysis of the selected biography of ideas which it presents, including a detailed focus on the work of Hans Kelsen, one of the leading positivist thinkers of the twentieth century. It also argues that the work of Lassa Oppenheim should be included within this analysis, as providing some of the key founding texts of positivism in international law. This book will be a fascinating read for scholars and students of international legal theory, historians of ideas, and legal philosophers.
Book Synopsis The Holocaust's Ghost by : F. C. DeCoste
Download or read book The Holocaust's Ghost written by F. C. DeCoste and published by University of Alberta. This book was released on 2000-05 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous scholars explore the moral, aesthetic, and political outcomes of the Holocuast from the perspectives of various academic backgrounds, including: art, literature, political science, education and history.
Book Synopsis Methodology in Private Law Theory by : Professor of Law Thilo Kuntz
Download or read book Methodology in Private Law Theory written by Professor of Law Thilo Kuntz and published by Oxford University Press. This book was released on 2024-06 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.
