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Author : Carl Schmitt
Publisher : Praeger
ISBN 13 : 9780313318917
Total Pages : 0 pages
Book Rating : 4.3/5 (189 download)
Download or read book On the Three Types of Juristic Thought written by Carl Schmitt and published by Praeger. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only English-language translation of one of Schmitt's most controversial works.
Author : Hugo E. Herrera
Publisher : SUNY Press
ISBN 13 : 1438478771
Total Pages : 212 pages
Book Rating : 4.4/5 (384 download)
Download or read book Carl Schmitt Between Technological Rationality and Theology written by Hugo E. Herrera and published by SUNY Press. This book was released on 2020-06-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Carl Schmitt, one of the most influential legal and political thinkers of the twentieth century, is known chiefly for his work on international law, sovereignty, and his doctrine of political exception. This book argues that greater prominence should be given to his early work in legal studies. Schmitt himself repeatedly identified as a jurist, and Hugo E. Herrera demonstrates how for Schmitt, law plays a key role as an intermediary between ideal, conceptual theory and the complexity of practical, concrete situations. Law is concerned precisely with balancing the extremes of theory and reality, and in this respect, Schmitt associates it with philosophical thinking broadly as being able to understand and explain the tensions in human experience. Reviewing and analyzing prevailing interpretations of Schmitt by Jacques Derrida, Heinrich Meier, and others, Herrera argues that the importance of Schmitt's legal framework is both significant and overlooked.
Author : Carl Schmitt
Publisher : University of Chicago Press
ISBN 13 : 0226738906
Total Pages : 123 pages
Book Rating : 4.2/5 (267 download)
Download or read book Political Theology written by Carl Schmitt and published by University of Chicago Press. This book was released on 2010-05-14 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written in the intense political and intellectual tumult of the early years of the Weimar Republic, Political Theology develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial political theorists of the twentieth century. Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in Political Theology that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes Political Theology with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions.
Author : Carl Schmitt
Publisher : University of Chicago Press
ISBN 13 : 9780226738925
Total Pages : 158 pages
Book Rating : 4.7/5 (389 download)
Download or read book The Concept of the Political written by Carl Schmitt and published by University of Chicago Press. This book was released on 2007-05-15 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this, his most influential work, legal theorist and political philosopher Carl Schmitt argues that liberalism’s basis in individual rights cannot provide a reasonable justification for sacrificing oneself for the state—a critique as cogent today as when it first appeared. George Schwab’s introduction to his translation of the 1932 German edition highlights Schmitt’s intellectual journey through the turbulent period of German history leading to the Hitlerian one-party state. In addition to analysis by Leo Strauss and a foreword by Tracy B. Strong placing Schmitt’s work into contemporary context, this expanded edition also includes a translation of Schmitt’s 1929 lecture “The Age of Neutralizations and Depoliticizations,” which the author himself added to the 1932 edition of the book. An essential update on a modern classic, The Concept of the Political, Expanded Edition belongs on the bookshelf of anyone interested in political theory or philosophy.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Mariano Croce
Publisher : Cambridge University Press
ISBN 13 : 1316511383
Total Pages : 167 pages
Book Rating : 4.3/5 (165 download)
Download or read book Carl Schmitt's Institutional Theory written by Mariano Croce and published by Cambridge University Press. This book was released on 2022-07-07 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an ambitious, novel view of Carl Schmitt, providing a comprehensive, unified account of his legal and political thinking.
Author : Mariano Croce
Publisher : Routledge
ISBN 13 : 1136220674
Total Pages : 213 pages
Book Rating : 4.1/5 (362 download)
Download or read book The Legal Theory of Carl Schmitt written by Mariano Croce and published by Routledge. This book was released on 2013-10-11 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitt’s theory of politics, law and the relation between these two domains. The book argues that Schmitt’s adhesion to legal institutionalism was a key theoretical achievement, based on serious reconsideration of the main flaws of his own decisionist paradigm, in the light of the French and Italian institutional theories of law. In so doing, the authors elucidate how Schmitt was able to unravel many of the impasses that affected his previous conceptual framework. The authors also make comparisons between Schmitt and other leading legal theorists (H. Kelsen, M. Hauriou, S. Romano and C. Mortati) and explain why the current legal debate should take into serious account his legacy.
Author : Ari Hirvonen
Publisher : Routledge
ISBN 13 : 1135268193
Total Pages : 317 pages
Book Rating : 4.1/5 (352 download)
Download or read book Law and Evil written by Ari Hirvonen and published by Routledge. This book was released on 2009-10-22 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Evil opens, expands and deepens our understanding of the phenomenon of evil by addressing the theoretical relationship between this phenomenon and law. Hannah Arendt said 'the problem of evil will be the fundamental question of post-war intellectual life in Europe'. This statement is, unfortunately, more than valid in the contemporary world: not only in the events of war, crimes against humanity, terror, repression, criminality, violence, torture, human trafficking, and so on; but also as evil is used rhetorically to condemn these acts, to categorise their perpetrators, and to justify forcible measures, both in international and domestic politics and law. But what is evil? Evil as a concept is too often taken as something that is self-evident, something that is always already defined. Taking Kant’s concept of radical evil as a starting point, this volume counters such a tendency. Bringing together philosophical, political, and psychoanalytical perspectives, in analysing both the concept and the phenomenon of evil, the contributors to this volume offer a rich and thoroughgoing analysis of the multifaceted phenomenon of evil and its relationship to law.
Author : Peter Langford
Publisher : BRILL
ISBN 13 : 9004390391
Total Pages : 555 pages
Book Rating : 4.0/5 (43 download)
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.
Author : Wilson Ray Huhn
Publisher :
ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.:/5 (51 download)
Download or read book The Five Types of Legal Argument written by Wilson Ray Huhn and published by . This book was released on 2002 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organized simply and logically, The Five Types of Legal Argument shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy). It also describes how to weave the arguments together to make them more persuasive and how to attack legal arguments.In this book, Huhn demonstrates exactly why the legal reasoning in a case is difficult to analyze. Each type of legal argument has a different structure and draws upon different evidence of what the law is. Thus this book does not merely introduce readers to law and legal reasoning, but shows how the five different legal arguments are constructed so that various strategies can be developed for attacking each one.
Author :
Publisher : LIT Verlag Münster
ISBN 13 : 7838258138
Total Pages : 136 pages
Book Rating : 4.8/5 (382 download)
Download or read book written by and published by LIT Verlag Münster. This book was released on with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Daniel Bessner
Publisher : Berghahn Books
ISBN 13 : 1785339168
Total Pages : 320 pages
Book Rating : 4.7/5 (853 download)
Download or read book The Decisionist Imagination written by Daniel Bessner and published by Berghahn Books. This book was released on 2018-10-19 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the decades following World War II, the science of decision-making moved from the periphery to the center of transatlantic thought. The Decisionist Imagination explores how “decisionism” emerged from its origins in prewar political theory to become an object of intense social scientific inquiry in the new intellectual and institutional landscapes of the postwar era. By bringing together scholars from a wide variety of disciplines, this volume illuminates how theories of decision shaped numerous techno-scientific aspects of modern governance—helping to explain, in short, how we arrived at where we are today.
Author : Jean-François Kervégan
Publisher : University of Chicago Press
ISBN 13 : 022602394X
Total Pages : 419 pages
Book Rating : 4.2/5 (26 download)
Download or read book The Actual and the Rational written by Jean-François Kervégan and published by University of Chicago Press. This book was released on 2018-07-15 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of Hegel’s most controversial and confounding claims is that “the real is rational and the rational is real.” In this book, one of the world’s leading scholars of Hegel, Jean-François Kervégan, offers a thorough analysis and explanation of that claim, along the way delivering a compelling account of modern social, political, and ethical life. ?Kervégan begins with Hegel’s term “objective spirit,” the public manifestation of our deepest commitments, the binding norms that shape our existence as subjects and agents. He examines objective spirit in three realms: the notion of right, the theory of society, and the state. In conversation with Tocqueville and other theorists of democracy, whether in the Anglophone world or in Europe, Kervégan shows how Hegel—often associated with grand metaphysical ideas—actually had a specific conception of civil society and the state. In Hegel’s view, public institutions represent the fulfillment of deep subjective needs—and in that sense, demonstrate that the real is the rational, because what surrounds us is the product of our collective mindedness. This groundbreaking analysis will guide the study of Hegel and nineteenth-century political thought for years to come.
Author : Santi Romano
Publisher : Routledge
ISBN 13 : 1351674382
Total Pages : 297 pages
Book Rating : 4.3/5 (516 download)
Download or read book The Legal Order written by Santi Romano and published by Routledge. This book was released on 2017-07-14 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.
Author : Gianfrancesco Zanetti
Publisher : Springer Nature
ISBN 13 : 3031195507
Total Pages : 303 pages
Book Rating : 4.0/5 (311 download)
Download or read book Handbook of the History of the Philosophy of Law and Social Philosophy written by Gianfrancesco Zanetti and published by Springer Nature. This book was released on 2023-03-28 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.
Author : Herbert Lionel Adolphus Hart
Publisher :
ISBN 13 :
Total Pages : 263 pages
Book Rating : 4.:/5 (159 download)
Download or read book The Concept of Law written by Herbert Lionel Adolphus Hart and published by . This book was released on 1986 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Reut Yael Paz
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900422873X
Total Pages : 416 pages
Book Rating : 4.0/5 (42 download)
Download or read book A Gateway Between a Distant God and a Cruel World written by Reut Yael Paz and published by Martinus Nijhoff Publishers. This book was released on 2012-10-19 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collective biographical methodology of four scholars 20th century scholars this book investigates how Jewish identity and intellectual ties to Judaic civilisation in the German speaking legal context influenced the international legal discipline.
