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Author : Ota Weinberger
Publisher :
ISBN 13 : 9783704669315
Total Pages : 393 pages
Book Rating : 4.6/5 (693 download)
Download or read book Reine Rechtslehre im Spiegel ihrer Fortsetzer und Kritiker written by Ota Weinberger and published by . This book was released on 1988 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ota Weinberger
Publisher :
ISBN 13 : 9780387820163
Total Pages : 393 pages
Book Rating : 4.8/5 (21 download)
Download or read book Reine Rechtslehre im Spiegel ihrer Fortsetzer und Kritiker written by Ota Weinberger and published by . This book was released on 1988 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Marcus Lutter
Publisher : Mohr Siebeck
ISBN 13 : 9783161460807
Total Pages : 596 pages
Book Rating : 4.4/5 (68 download)
Download or read book Der Einfluss deutscher Emigranten auf die Rechtsentwicklung in den USA und in Deutschland written by Marcus Lutter and published by Mohr Siebeck. This book was released on 1993 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Violetta L. Waibel
Publisher : V&R Unipress
ISBN 13 : 3847004816
Total Pages : 630 pages
Book Rating : 4.8/5 (47 download)
Download or read book Detours written by Violetta L. Waibel and published by V&R Unipress. This book was released on 2015-09-16 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Detours" explores the reception of Kant's works in Vienna, Austria and Eastern Europe from a historical point of view and focuses on six topics: Kant and Censorship, Kant and Karl Leonhard Reinhold, who was the first Kantian born in Vienna and became a precursor for German and Austrian Kant reception in Jena, Kant and Eastern Europe, Kant and his Poets, Kant and Phenomenology and Kant and the Vienna Circle. In this way, the ambivalent perception of Kant in Austria becomes clearer: On the one hand Kant was censored and criticized harshly but on the other hand Kant's philosophy was studied actively in the "underground".
Author : Alessandro Salice
Publisher : Springer
ISBN 13 : 3319276921
Total Pages : 375 pages
Book Rating : 4.3/5 (192 download)
Download or read book The Phenomenological Approach to Social Reality written by Alessandro Salice and published by Springer. This book was released on 2016-02-24 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume features fourteen essays that examine the works of key figures within the phenomenological movement in a clear and accessible way. It presents the fertile, groundbreaking, and unique aspects of phenomenological theorizing against the background of contemporary debate about social ontology and collective intentionality. The expert contributors explore the insights of such thinkers as Martin Heidegger, Edmund Husserl, Adolf Reinach, and Max Scheler. Readers will also learn about other sources that, although almost wholly neglected by historians of philosophy, testify to the vitality of the phenomenological tradition. In addition, the contributions highlight the systematic relevance of phenomenological research by pinpointing its position on social ontology and collective intentionality within the history of philosophy. By presenting phenomenological contributions in a scholarly yet accessible way, this volume introduces an interesting and important perspective into contemporary debate insofar as it bridges the gap between the analytical and the continental traditions in social philosophy. The volume provides readers with a deep understanding into such questions as: What does it mean to share experiences with others? What does it mean to share emotions with friends or to share intentions with partners in a joint endeavor? What are groups? What are institutional facts like money, universities, and cocktail parties? What are values and what role do values play in social reality?
Author : Uta Bindreiter
Publisher : Springer Science & Business Media
ISBN 13 : 9789041118677
Total Pages : 268 pages
Book Rating : 4.1/5 (186 download)
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.
Author : Lando Kirchmair
Publisher :
ISBN 13 : 1009380192
Total Pages : 422 pages
Book Rating : 4.0/5 (93 download)
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.
Author : Jakob Weissinger
Publisher : Mohr Siebeck
ISBN 13 : 3161570308
Total Pages : 270 pages
Book Rating : 4.1/5 (615 download)
Download or read book Content and Competence written by Jakob Weissinger and published by Mohr Siebeck. This book was released on 2019-10-07 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Jakob Weissinger unpacks a central problem in jurisprudence - the concept of rights - by examining other core concepts of normative practice and how they are interwoven. The result is a stand-alone theory which fundamentally questions established approaches."--
Author : Jochen von Bernstorff
Publisher : Cambridge University Press
ISBN 13 : 1139488589
Total Pages : 343 pages
Book Rating : 4.1/5 (394 download)
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.
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 : James E. Herget
Publisher : University of Pennsylvania Press
ISBN 13 : 1512802581
Total Pages : 164 pages
Book Rating : 4.5/5 (128 download)
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.
Author : Enrico Pattaro
Publisher : Springer Science & Business Media
ISBN 13 : 9400714793
Total Pages : 1912 pages
Book Rating : 4.4/5 (7 download)
Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Enrico Pattaro and published by Springer Science & Business Media. This book was released on 2016-07-13 with total page 1912 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Author : Carl Schmitt
Publisher : Duke University Press
ISBN 13 : 0822385767
Total Pages : 211 pages
Book Rating : 4.8/5 (223 download)
Download or read book Legality and Legitimacy written by Carl Schmitt and published by Duke University Press. This book was released on 2004-02-05 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Carl Schmitt ranks among the most original and controversial political thinkers of the twentieth century. His incisive criticisms of Enlightenment political thought and liberal political practice remain as shocking and significant today as when they first appeared in Weimar Germany. Unavailable in English until now, Legality and Legitimacy was composed in 1932, in the midst of the crisis that would lead to the collapse of the Weimar Republic and only a matter of months before Schmitt’s collaboration with the Nazis. In this important work, Schmitt questions the political viability of liberal constitutionalism, parliamentary government, and the rule of law. Liberal governments, he argues, cannot respond effectively to challenges by radical groups like the Nazis or Communists. Only a presidential regime subject to few, if any, practical limitations can ensure domestic security in a highly pluralistic society. Legality and Legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. In addition to Jeffrey Seitzer’s translation of the 1932 text itself, this volume contains his translation of Schmitt’s 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution. John P. McCormick’s introduction places Legality and Legitimacy in its historical context, clarifies some of the intricacies of the argument, and ultimately contests Schmitt’s claims regarding the inherent weakness of parliamentarism, constitutionalism, and the rule of law.
Author : Jo Eric Khushal Murkens
Publisher : OUP Oxford
ISBN 13 : 0191652008
Total Pages : 272 pages
Book Rating : 4.1/5 (916 download)
Download or read book From Empire to Union written by Jo Eric Khushal Murkens and published by OUP Oxford. This book was released on 2013-01-17 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Germany has long been at the centre of European debates surrounding the modern role of national constitutional law and its relationship with EU law. In 2009 the German constitutional court voted to uphold the constitutionality of the Lisbon Treaty, but its critical, restrictive decision sent shockwaves through the European legal community who saw potential threats to further European integration. What explains Germany's uneasy relationship with the project of European legal integration? How have the concepts of sovereignty, state, people, and democracy come to dominate the Constitutional Court's thinking, despite not being defined in the Constitution itself? Despite its importance to the whole enterprise of the European Union, German constitutional thought has been poorly understood in the wider European literature. This book presents a historical account of German conceptions of constitutional law, providing the understanding necessary to see what is at stake in contemporary debates surrounding the constitution and the European Union. Examining the modern development of German constitutional thought, this volume traces the key public law concepts of state, constitution, sovereignty, and democracy from their modern emergence in the 19th century through to the present day. It analyses the constitutional relationship between Germany and the EU from a sociological and historical perspective, looking at how German constitutional law has conflicted and compromised with EU law, and the difficulties this has raised. Filling a significant gap in comparative constitutional law literature, this book provides an account of the major schools of German constitutional thought and their development. Against this backdrop it offers a fascinating insight into Germany's relationship with the European Union.
Author : Ota Weinberger
Publisher : Springer Science & Business Media
ISBN 13 : 9401134588
Total Pages : 289 pages
Book Rating : 4.4/5 (11 download)
Download or read book Law, Institution and Legal Politics written by Ota Weinberger and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.
Author : Massimo La Torre
Publisher : Springer Science & Business Media
ISBN 13 : 1402066074
Total Pages : 274 pages
Book Rating : 4.4/5 (2 download)
Download or read book Law as Institution written by Massimo La Torre and published by Springer Science & Business Media. This book was released on 2010-08-13 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, “general theories of law struggle to do justice to the 1 multiple dualities of the law”. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate moments.
Author : Visa A. J. Kurki
Publisher : Oxford University Press
ISBN 13 : 0198844034
Total Pages : 241 pages
Book Rating : 4.1/5 (988 download)
Download or read book Theory of Legal Personhood written by Visa A. J. Kurki and published by Oxford University Press. This book was released on 2019 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."
