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Reine Rechtslehre
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Book Synopsis Der Einfluss deutscher Emigranten auf die Rechtsentwicklung in den USA und in Deutschland by : Marcus Lutter
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:
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".
Book Synopsis Kelsen Revisited by : Luís Duarte d'Almeida
Download or read book Kelsen Revisited written by Luís Duarte d'Almeida and published by Bloomsbury Publishing. This book was released on 2014-07-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.
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 328 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.
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.
Book Synopsis A Treatise of Legal Philosophy and General Jurisprudence by : Enrico Pattaro
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 2007-10-08 with total page 2015 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paperback edition of the first of the twelve volumes of A Treatises of Legal Philosophy and General Jurisprudence, serves as an introduction to the first-ever multivolume treatment of all important issues in legal philosophy and general jurisprudence, consisting of a five-volume theoretical part and a six-volume historical part. The theoretical part covers the main topics of contemporary debate. The historical volumes trace the development of legal thought from ancient Greek times through the twentieth century. All volumes are edited by the renowned theorist Enrico Pattaro.
Book Synopsis Handbook of the History of the Philosophy of Law and Social Philosophy by : Gianfrancesco Zanetti
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.
Book Synopsis The Phenomenological Approach to Social Reality by : Alessandro Salice
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?
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 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 Oxford University Press. This book was released on 2013-11 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book analyses international legal positivists' desire to emulate the success of the empirical methods applied in the biological and physical sciences; their wish to work with law with the certainty that natural facts started to provide as the natural sciences method developed". -- PREFACE.
Book Synopsis Hans Kelsen's Reine Rechtslehre by : Lewis K. Zerby
Download or read book Hans Kelsen's Reine Rechtslehre written by Lewis K. Zerby and published by . This book was released on 1945 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis From Empire to Union by : Jo Eric Murkens
Download or read book From Empire to Union written by Jo Eric Murkens and published by Oxford University Press. This book was released on 2013-01-17 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the modern development of German constitutional thought, this book traces the key public law concepts of state, constitution, sovereignty, and democracy from their emergence in the 19th century through to the present day. It analyses the fraught constitutional relationship between Germany and the EU from a sociological perspective.
Book Synopsis Inverting the Norm by : Trevor N. Wedman
Download or read book Inverting the Norm written by Trevor N. Wedman and published by Mohr Siebeck. This book was released on 2022-11-21 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trevor N. Wedman seeks to understand the key assumptions underlying modern legal theory. Going back to Hobbes, but also making use of the developments in the theory of action and language philosophy over the past century, he breaks down the static conception of the state into one dependent on the actions and reflections of individuals, i.e., its citizens. He develops a social ontological theory of the law, in which the law is not taken as a mere given, but as an institutional fact. He criticizes both the Kelsenian conception of the Basic Norm and the Hartian notion of the Rule of Recognition as failing to account for the agency of individuals. The author turns to the work of one of Kelsen's contemporaries, Felix Somlo, in order to develop an alternative conception of the law that operates not from the top down, but from the bottom up. In this way, the law itself comes into focus as that which results from the reasoned jurisprudential reflection on the reality of meanings and actions.
Book Synopsis Content and Competence by : Jakob Weissinger
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."--
Book Synopsis Nullum Crimen Sine Lege, the European Convention on Human Rights and the Foreseeability of the Law by : Sara Paiusco
Download or read book Nullum Crimen Sine Lege, the European Convention on Human Rights and the Foreseeability of the Law written by Sara Paiusco and published by Nomos Verlag. This book was released on 2021-06-17 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Das Buch untersucht nullum crimen sine lege als europäischen Grundsatz. Die Untersuchung konzentriert sich auf die Rolle der Vorhersehbarkeit als Lösung für die Legalitätsprobleme, die sich aus dem Richterrecht im Strafrecht ergeben. Die Vorhersehbarkeit und seine Entwicklung werden in der Rechtsprechung des EGMR untersucht. Aktuelle Lösungen, die von Zivilrechtsstaaten (Italien und Deutschland) angenommen wurden, werden auch unter Berücksichtigung der theoretischen Grundlagen von ncsl analysiert. Darüber hinaus wird die Rolle der Vorhersehbarkeit im EU-Recht als Beispiel für eine wirkungsorientierte Rechtsordnung betrachtet. Abschließend werden Zukunftsperspektiven für die Umsetzung der Vorhersehbarkeit analysiert.
Book Synopsis The Life and Death of States by : Natasha Wheatley
Download or read book The Life and Death of States written by Natasha Wheatley and published by Princeton University Press. This book was released on 2023-06-13 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Canonical theorists of sovereignty (Hobbes, Rousseau, and others) put the monopoly of power at the center of their definitions. These thinkers abstracted from western European experiences to universal norms. In the wake of their transformative contributions, states that did not fit the model appeared to be underdeveloped or deviant. Labels such as "provisional" or "irregular" rendered them irrelevant to theorizing and, worse, political problems that needed to be solved. One early "anomaly," says historian Natasha Wheatley, was the Habsburg Empire. Layered as it was with imperial, national, and regional sovereignty, its trajectory was not one of progress toward a unitary state. Instead, it encompassed compound polities, or states bundled together under experimental constitutional orders. Wheatley's aim in this book is to theorize from Central Europe to see how sovereignty can be produced in a complex world. In reconstructing this political and legal history, Wheatley treats Austria-Hungary as a crucible for modern legal theory. The serial remaking and eventual unmaking of imperial sovereigny in Central Europe showed how old-world dynastic conceptions of sovereignty were translated into abstract categories of modern legal thought. In so doing, she uncovers the irresolvable tensions and strategic silences in modern political theory: the presumed unity and timelessness of states. Eschewing explanations of "failure," she instead uncovers how the Central European experience crystallized legal questions that would arise again in the era of global decolonization, connecting the story of the end of empire to the birth of new nations throughout the twentieth century. In this respect, the work serves not only as a history of Central Europe but also a "prehistory" of the era of decolonization"--
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 Routledge. This book was released on 2017-07-05 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law", - within which the study of international law was his special field of work. The present volume, "General Theory of Law and State", first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence. The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories, "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries". Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, "General Theory of Law and State" is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German. The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.
