Hans Kelsen

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Pure Theory of Law

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775785
Total Pages : 366 pages
Book Rating : 4.5/5 (847 download)

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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.

Hans Kelsen and the Natural Law Tradition

Author : Peter Langford
Publisher : BRILL
ISBN 13 : 9004390391
Total Pages : 555 pages
Book Rating : 4.0/5 (43 download)

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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.

Principles of International Law

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584773251
Total Pages : 480 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Principles of International Law by : Hans Kelsen

Download or read book Principles of International Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2003 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kelsen, Hans. Principles of International Law. New York: Rinehart & Company, Inc. [1952]. xvii, 461 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-325-1. Cloth. $85. * Upon his retirement from the faculty of University of California at Berkeley in 1952, noted legal philosopher and political scientist Hans Kelsen [1881-1973] produced arguably this his most important work, "... a systematic study of the most important aspects of international law, including international delicts and sanctions, reprisals, the spheres of validity and the essential function of international law, creation and application of international law and national law." Nicoletta Bersier Ladavac, "Hans Kelsen (1881 - 1973) Biographical Note and Bibliography," European Journal of International Law Vol. 9 (1998) No. 2.

Society and Nature

Author : Hans Kelsen
Publisher : Routledge
ISBN 13 : 131783318X
Total Pages : 400 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis Society and Nature by : Hans Kelsen

Download or read book Society and Nature written by Hans Kelsen and published by Routledge. This book was released on 2014-05-22 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1998.This is Volume XIV of eighteen in the Sociology of Behaviour and Psychology series. This text is concerned with sociological inquiry into society and nature. Written in 1946, it investigates the idea that society and nature, if conceived of as two different systems of elements, are the results of two different methods of thinking and are only as such two different objects. The same elements, connected with each other according to the principle of causality, constitute nature; connected with each other according to another, namely, a normative, principle, they constitute society

General Theory of Law and State

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584777176
Total Pages : 544 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis General Theory of Law and State by : Hans Kelsen

Download or read book General Theory of Law and State written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2009 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.

What is Justice?

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771011
Total Pages : 406 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis What is Justice? by : Hans Kelsen

Download or read book What is Justice? written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kelsen, Hans. What is Justice? Justice, Law and Politics in the Mirror of Science. Berkeley: University of California Press, 1957. [vi], 397 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. ISBN 1-58477-101-1. Cloth. New. $95. * Through the lens of science, Kelsen proposes a dynamic theory of natural law, examines Platonic and Aristotelian doctrines of justice, the idea of justice as found in the holy scriptures, and defines justice as "...that social order under whose protection the search for truth can prosper. 'My' justice, then, is the justice of freedom, the justice of peace, the justice of democracy-the justice of tolerance." (p. 24).

The Guardian of the Constitution

Author : Hans Kelsen
Publisher : Cambridge University Press
ISBN 13 : 110709268X
Total Pages : 291 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Guardian of the Constitution by : Hans Kelsen

Download or read book The Guardian of the Constitution written by Hans Kelsen and published by Cambridge University Press. This book was released on 2015-02-19 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.

Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence

Author : D.A. Jeremy Telman
Publisher : Springer
ISBN 13 : 3319331302
Total Pages : 363 pages
Book Rating : 4.3/5 (193 download)

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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 363 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.

Peace Through Law

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771038
Total Pages : 167 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Peace Through Law by : Hans Kelsen

Download or read book Peace Through Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Public International Law Theory of Hans Kelsen

Author : Jochen von Bernstorff
Publisher : Cambridge University Press
ISBN 13 : 1139488589
Total Pages : 343 pages
Book Rating : 4.1/5 (394 download)

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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.

The Foundation of the Juridico-Political

Author : Ian Bryan
Publisher : Routledge
ISBN 13 : 113504743X
Total Pages : 266 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis The Foundation of the Juridico-Political by : Ian Bryan

Download or read book The Foundation of the Juridico-Political written by Ian Bryan and published by Routledge. This book was released on 2015-10-23 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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's Pure Theory of Law

Author : Lars Vinx
Publisher : Oxford University Press, USA
ISBN 13 : 0199227950
Total Pages : 241 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Hans Kelsen's Pure Theory of Law by : Lars Vinx

Download or read book Hans Kelsen's Pure Theory of Law written by Lars Vinx and published by Oxford University Press, USA. This book was released on 2007 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Political Theory of Bolshevism

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584777648
Total Pages : 66 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis The Political Theory of Bolshevism by : Hans Kelsen

Download or read book The Political Theory of Bolshevism written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2007 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE CONTRADICTORY NATURE OF COMMUNIST GOVERNMENT Written during a tense period of the Cold War, this study observed that Bolshevism was a system that embraces anarchism in theory and totalitarianism in practice. In order to survive the Bolshevist state must obliterate the potentially destabilizing forces inherent in democracy through a party dictatorship that is presented as the political self-determination of a free people. "A deep-cutting analysis of some of the fundamental contradictions in Communist theory and practice, particularly in regard to democracy and the dictatorial function of the state." --Foreign Affairs 27 (1948-49) 679 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. He was the author of more than forty books on law and legal philosophy. 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.

The Essence and Value of Democracy

Author : Hans Kelsen
Publisher : Rowman & Littlefield
ISBN 13 : 1442222123
Total Pages : 117 pages
Book Rating : 4.4/5 (422 download)

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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. This book was released on 2013-08-22 with total page 117 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.

The Law of the United Nations

Author : Hans Kelsen
Publisher :
ISBN 13 :
Total Pages : 994 pages
Book Rating : 4.:/5 (81 download)

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Book Synopsis The Law of the United Nations by : Hans Kelsen

Download or read book The Law of the United Nations written by Hans Kelsen and published by . This book was released on 2000 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Legitimacy of Modern Democracy

Author : Pedro T. Magalhães
Publisher : Routledge
ISBN 13 : 1351654004
Total Pages : 203 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis The Legitimacy of Modern Democracy by : Pedro T. Magalhães

Download or read book The Legitimacy of Modern Democracy written by Pedro T. Magalhães and published by Routledge. This book was released on 2020-12-30 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

A New Science of Politics

Author : Hans Kelsen
Publisher : Walter de Gruyter
ISBN 13 : 3110327716
Total Pages : 138 pages
Book Rating : 4.1/5 (13 download)

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Book Synopsis A New Science of Politics by : Hans Kelsen

Download or read book A New Science of Politics written by Hans Kelsen and published by Walter de Gruyter. This book was released on 2013-05-02 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.