Hans Kelsen And The Case For Democracy

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Hans Kelsen and the Case for Democracy

Author : Sandrine Baume
Publisher : ECPR Press
ISBN 13 : 1785520229
Total Pages : 60 pages
Book Rating : 4.7/5 (855 download)

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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 2017-05-19 with total page 60 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. Kelsen’s works are usually reduced to his theory of law, and his reflections on democracy are often ignored. The great strength of Kelsen's political thinking lies in the largely original arguments that it musters against the critics who condemn or debunk the institutions of parliamentary democracies. This study assesses Kelsenian democratic theory by exploring three questions: first, how is Kelsen’s political theory intertwined with his legal theory? Second, how does Kelsen combine his reflections on the democratic ideal with his appreciation of a reality that more often than not quite distant from that ideal? Third, how does Kelsen conceive of the sources of the state’s cohesion in a democracy?

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. This edited collection commences with a comprehensive introduction which establishes the character of Kelsen’s critical engagement as a general critique of natural law combined with a more specific critique of representative thinkers of the Natural Law Tradition. The subsequent chapters are then devoted to a detailed analysis of Kelsen’s engagement with prominent theorists from the Natural Law Tradition. The volume concludes with an exploration, focusing upon the delineation of a non-positivist legal theory in the debate between Robert Alexy and Joseph Raz, of the continued presence of Kelsenian legal positivism in contemporary legal theory.

Weimar

Author : Arthur Jacobson
Publisher : Univ of California Press
ISBN 13 : 0520929683
Total Pages : 420 pages
Book Rating : 4.5/5 (29 download)

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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's Political Realism

Author : Robert Schuett
Publisher : EUP
ISBN 13 : 9781474481694
Total Pages : 0 pages
Book Rating : 4.4/5 (816 download)

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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.

Relativism and Religion

Author : Carlo Invernizzi Accetti
Publisher : Columbia University Press
ISBN 13 : 023154037X
Total Pages : 288 pages
Book Rating : 4.2/5 (315 download)

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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.

Democracy in Its Essence

Author : Sara Lagi
Publisher : Rowman & Littlefield
ISBN 13 : 1793603723
Total Pages : 205 pages
Book Rating : 4.7/5 (936 download)

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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.

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.

The Making of Constitutional Democracy

Author : Paolo Sandro
Publisher : Bloomsbury Publishing
ISBN 13 : 1509905219
Total Pages : 331 pages
Book Rating : 4.5/5 (99 download)

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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 open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

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'.

The Language of Liberal Constitutionalism

Author : Howard Schweber
Publisher : Cambridge University Press
ISBN 13 : 1139462598
Total Pages : 15 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Language of Liberal Constitutionalism by : Howard Schweber

Download or read book The Language of Liberal Constitutionalism written by Howard Schweber and published by Cambridge University Press. This book was released on 2007-02-26 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws.

Militant Democracy

Author : András Sajó
Publisher : Eleven International Publishing
ISBN 13 : 9077596046
Total Pages : 271 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis Militant Democracy by : András Sajó

Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Popular Sovereignty and the Crisis of German Constitutional Law

Author : Peter C. Caldwell
Publisher : Duke University Press
ISBN 13 : 9780822319887
Total Pages : 324 pages
Book Rating : 4.3/5 (198 download)

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Book Synopsis Popular Sovereignty and the Crisis of German Constitutional Law by : Peter C. Caldwell

Download or read book Popular Sovereignty and the Crisis of German Constitutional Law written by Peter C. Caldwell and published by Duke University Press. This book was released on 1997 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).

Law in Times of Crisis

Author : Oren Gross
Publisher : Cambridge University Press
ISBN 13 : 1139457756
Total Pages : 48 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Law in Times of Crisis by : Oren Gross

Download or read book Law in Times of Crisis written by Oren Gross and published by Cambridge University Press. This book was released on 2006-10-30 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.

Judicial Power

Author : Christine Landfried
Publisher : Cambridge University Press
ISBN 13 : 1316999084
Total Pages : 411 pages
Book Rating : 4.3/5 (169 download)

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Book Synopsis Judicial Power by : Christine Landfried

Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.

Essays in Legal and Moral Philosophy

Author : H. Kelsen
Publisher : Springer Science & Business Media
ISBN 13 : 940102653X
Total Pages : 387 pages
Book Rating : 4.4/5 (1 download)

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Book Synopsis Essays in Legal and Moral Philosophy by : H. Kelsen

Download or read book Essays in Legal and Moral Philosophy written by H. Kelsen and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his choice of texts, the Editor has been faced with the difficult task of selecting, from among the author's more than 600 publications, those of the greatest philosophical interest. It is chiefly the topics of value-rela tivism and the logic of norms that have been kept in view. The selection has also been guided by the endeavour to reprint, so far as possible, texts which have not hitherto appeared in English. At times, however, this aim has had to be discarded, in order to include works of key im portance and also the latest expressions of Kelsen's view. In addition to the two topics already mentioned, the Editor has con sidered Kelsen's discussions of the causal principle to be so far worthy of philosophical attention, that some writings on causality and account ability have been included in this collection of philosophical studies. OTA WEINBERGER Hans Kelsen died on April 19th, 1973. Only his work now lives, for the inspiration of future generations of jurists and philosophers. Graz, 25th April, 1973 OT A WEINBERGER TRANSLATOR'S NOTE I am obliged to the Editor for his careful scrutiny of the translation, which has led to a number of corrections and improvements in the text.

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.

Law as Politics

Author : David Dyzenhaus
Publisher : Duke University Press
ISBN 13 : 9780822322443
Total Pages : 340 pages
Book Rating : 4.3/5 (224 download)

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Book Synopsis Law as Politics by : David Dyzenhaus

Download or read book Law as Politics written by David Dyzenhaus and published by Duke University Press. This book was released on 1998 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Articles previously published in the Canadian journal of law and jurisprudence.