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The Foundation Of The Juridico Political
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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.
Book Synopsis The Reconstruction of the Juridico-Political by : Ian Bryan
Download or read book The Reconstruction of the Juridico-Political written by Ian Bryan and published by Routledge. This book was released on 2015-12-22 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber contests the conventional understanding of the theoretical relationship between Kelsen’s legal positivism and Weber’s sociology of law. Utilising the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume analyse central points of affinity and divergence in the work of these two influential figures. Thus, the chapters collected in The Reconstruction of the Juridico-Political offer a comprehensive reconsideration of these affinities and divergences, through a comparison of their respective reconstruction of the notions of democracy, the State, legal rights and the character of law. From this reconsideration a more complex understanding of their theoretical relationship emerges combined with a renewed emphasis upon the continued contemporary relevance of the work of Kelsen and Weber.
Book Synopsis Aristotle on Emotions in Law and Politics by : Liesbeth Huppes-Cluysenaer
Download or read book Aristotle on Emotions in Law and Politics written by Liesbeth Huppes-Cluysenaer and published by Springer. This book was released on 2018-02-13 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, experts from the fields of law and philosophy explore the works of Aristotle to illuminate the much-debated and fascinating relationship between emotions and justice. Emotions matter in connection with democracy and equity – they are relevant to the judicial enforcement of rights, legal argumentation, and decision-making processes in legislative bodies and courts. The decisive role that emotions, feelings and passions play in these processes cannot be ignored – not even by those who believe that emotions have no legitimate place in the public sphere. A growing body of literature on these topics recognizes the seminal insights contributed by Aristotle. This book offers a comprehensive analysis of his thinking in this context, as well as proposals for inspiring dialogues between his works and those written by a selection of modern and contemporary thinkers. As such, the book offers a valuable resource for students of law, philosophy, rhetoric, politics, ethics and history, but also for readers interested in the ongoing debate about legal positivism and the relevance of emotions for legal and political life in today’s world.
Book Synopsis The Reconstruction of the Juridico-Political by : Ian Bryan
Download or read book The Reconstruction of the Juridico-Political written by Ian Bryan and published by Routledge. This book was released on 2015-12-22 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber contests the conventional understanding of the theoretical relationship between Kelsen’s legal positivism and Weber’s sociology of law. Utilising the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume analyse central points of affinity and divergence in the work of these two influential figures. Thus, the chapters collected in The Reconstruction of the Juridico-Political offer a comprehensive reconsideration of these affinities and divergences, through a comparison of their respective reconstruction of the notions of democracy, the State, legal rights and the character of law. From this reconsideration a more complex understanding of their theoretical relationship emerges combined with a renewed emphasis upon the continued contemporary relevance of the work of Kelsen and Weber.
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.
Book Synopsis Kelsenian Legal Science and the Nature of Law by : Peter Langford
Download or read book Kelsenian Legal Science and the Nature of Law written by Peter Langford and published by Springer. This book was released on 2017-05-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.
Book Synopsis Questioning the Foundations of Public Law by : Michael A Wilkinson
Download or read book Questioning the Foundations of Public Law written by Michael A Wilkinson and published by Bloomsbury Publishing. This book was released on 2018-05-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, 'an account of the foundation of the discipline of public law with a view to identifying its essential character'. The book has become a landmark in the field, and it has been said, notably by one of its major critics, that it now provides the 'starting point' for any deeper inquiry into the subject. The purpose of this volume is to engage critically with Foundations – conceptually, comparatively and historically – from the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union.
Book Synopsis Law, Violence and Constituent Power by : Héctor López Bofill
Download or read book Law, Violence and Constituent Power written by Héctor López Bofill and published by Routledge. This book was released on 2021-05-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.
Book Synopsis Ends and Principles in Kant’s Moral Thought by : John E. Atwell
Download or read book Ends and Principles in Kant’s Moral Thought written by John E. Atwell and published by Springer Science & Business Media. This book was released on 1986-10-31 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immanuel Kant (1724-1804) stands among the greatest thinkers of the Western world. There is hardly an area of thought, at least of philosophical thought, to which he did not make significant and lasting contributions. Particularly noteworthy are his writings on the foundations and limits of human knowledge, the bidimensional nature of perceptual or "natural" objects (including human beings), the basic principles and ends of morality, the character of a just society and of a world at peace, the movement and direction of human history, the nature of beauty, the end or purpose of all creation, the proper education of young people, the true conception of religion, and on and on. Though Kant was a life-long resident of Konigsberg, Prussia - child, student, tutor, and then professor of philosophy (and other subjects) - his thought ranged over nearly all the world and even beyond. Reports reveal that he (a bachelor) was an amiable man, highly respected by his students and colleagues, and even loved by his several close friends. He was apparently a man of integrity, both in his personal relations and in his pursuit of knowledge and truth. Despite his somewhat pessimistic attitude toward the moral progress of mankind - judging from past history and contemporary events - he never wavered from a deep-seated faith in the goodness of the human heart, in man's "splendid disposition toward the good.
Book Synopsis Join, or Die – Philosophical Foundations of Federalism by : Dietmar Heidemann
Download or read book Join, or Die – Philosophical Foundations of Federalism written by Dietmar Heidemann and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-08-08 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research on federalism is rarely concerned with its philosophical foundations. However, arguments on why and how best to organise a plurality of states in a multilevel political order have first been discussed by philosophers and continue to inspire contemporary reasoning on international and supranational relations not only in political philosophy. This book offers a unique overview of the philosophical foundations of federalism from both a historical and a systematic perspective. The analyses proposed by renowned scholars from the US and from several European countries cover classic writers such as Hobbes and the authors of the Federalist Papers, Kant and Rawls, and range from anthropological justifications of federal orders to contemporary problems of EU constitutionalism, the principle of subsidiarity and the jurisdiction of the European Court of Human Rights (ECHR). The book is of relevance to anyone interested in philosophical justifications of federalism.
Book Synopsis Foucault with Marx by : Jacques Bidet
Download or read book Foucault with Marx written by Jacques Bidet and published by Bloomsbury Publishing. This book was released on 2016-04-15 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this timely commitment, Jacques Bidet unites the theories of arguably the world's two greatest emancipatory political thinkers. In this far-reaching and decisive text, Bidet examines Marxian and Foucauldian criticisms of capitalist modernity. For Marx, the intersection between capital and the market is crucial, while for Foucault, the organizational aspects of capital are what really matter. According to Marx, the ruling class is identified with property; with Foucault, it is the managers who hold power and knowledge that rule. Bidet identifies these two sides of capitalist modernity as 'market' and 'organization', showing that each leads to specific forms of social conflict; against exploitation and austerity, over wages and pensions on the one hand, and against forms of 'medical' and work-based discipline, control of bodies and prisons on the other. Bidet's impetus and clarity however serve a greater purpose: uniting two souls of critical social theory, in order to overcome what has become an age-long separation between the 'old left' and the 'new social movements'.
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: An intellectual history of sovereignty that reveals how the Habsburg Empire became a crucible for our contemporary world order Sprawled across the heartlands of Europe, the Habsburg Empire resisted all the standard theories of singular sovereignty. The 1848 revolutions sparked decades of heady constitutional experimentation that pushed the very concept of “the state” to its limits. This intricate multinational polity became a hothouse for public law and legal philosophy and spawned ideas that still shape our understanding of the sovereign state today. The Life and Death of States traces the history of sovereignty over one hundred tumultuous years, explaining how a regime of nation-states theoretically equal under international law emerged from the ashes of a dynastic empire. Natasha Wheatley shows how a new sort of experimentation began when the First World War brought the Habsburg Empire crashing down: the making of new states. Habsburg lands then became a laboratory for postimperial sovereignty and a new international order, and the results would echo through global debates about decolonization for decades to come. Wheatley explores how the Central European experience opens a unique perspective on a pivotal legal fiction—the supposed juridical immortality of states. A sweeping work of intellectual history, The Life and Death of States offers a penetrating and original analysis of the relationship between sovereignty and time, illustrating how the many deaths and precarious lives of the region’s states expose the tension between the law’s need for continuity and history’s volatility.
Download or read book On Law and Justice written by Alf Ross and published by Oxford University Press. This book was released on 2019-11-20 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alf Ross (1899-1979) was, in H.L.A. Hart's words, 'the most acute and best-equipped philosopher' of Scandinavian legal realism. On Law and Justice provides a comprehensive outline of his legal realist position, offering a consistently empirical research programme that simultaneously recognizes the distinctly normative character of law. Ross's legal realism avoids the standard critiques against behaviourist reductionism while still remaining categorically distinct from legal positivism and natural law. This new edition features an introduction by Jakob v. H. Holtermann, clarifying Ross's general philosophical project and detailing the sophisticated dual distinction between internal and external aspects of law that provides a counterpoint to Hart's celebrated analysis. This new translation will allow readers to appreciate Ross's insights into the ongoing empirical turn in legal scholarship and related attempts to associate legal realism with broader philosophical trends.
Download or read book Law's Sacrifice written by Brian W. Nail and published by Routledge. This book was released on 2019-07-17 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the relationship between law and sacrifice as a crucial nexus for theorizing the dynamics of creation, destruction, transcendence, and violence within the philosophical and legal discourse of western society. At a time of populist political unrest, what philosophical and theoretical resources are available for conceptualizing the discontent that seems to emanate from practically every sphere of society? What narrative strategies have been employed within literary, theological, philosophical, and legal discourse to tame or mystify human violence? Engaging with the work of preeminent theorists of sacrifice, such as Georges Bataille, René Girard, Giorgio Agamben, and Jacques Derrida this collection examines from an interdisciplinary perspective the sacrificial logic that characterizes the cultural and political dynamics of law in society. The book will be of interest to students and scholars in the field of legal theory and philosophy.
Book Synopsis Cain, Abel, and the Politics of God by : Julián Andrés González Holguín
Download or read book Cain, Abel, and the Politics of God written by Julián Andrés González Holguín and published by Routledge. This book was released on 2017-07-06 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Genesis story of Cain’s murder of Abel is often told as a simplistic contrast between the innocence of Abel and the evil of Cain. This book subverts that reading of the Biblical text by utilising Giorgio Agamben’s concepts of homo sacer, the state of exception and the idea of sovereignty to re-examine this well-known tale of fratricide and bring to the fore its political implications. Drawing from political theory, philosophy, and psychoanalysis, this book creates a theoretical framework from which to do two things: firstly, to describe and analyse the history of interpretation of Genesis 4:1-16, and secondly to propose an alternative reading of the Biblical text that incorporates other texts inside and outside of the Biblical canon. This intertextual analysis will highlight the motives of violence, law, divine rule, and the rejected as they emerge in different contexts and will evaluate them in an Agambenian framework. The unique approach of this book makes it vital reading for any academic with interests in Biblical Studies and Theology and their interactions with politics and ethics.
Book Synopsis A Foucauldian Approach to International Law by : Leonard M. Hammer
Download or read book A Foucauldian Approach to International Law written by Leonard M. Hammer and published by Routledge. This book was released on 2016-03-23 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foucault's challenging view of power and knowledge as the basis for interpreting the international system forms the central themes of this book. As the application of international law expands and develops this book considers how Foucault's approach may create a viable framework that is not beset by ontological issues. With International law essentially stuck within an older framework of outmoded statist approaches, and overly broad understanding of the significance of external actors such as international organizations; current interpretations are either rooted in a narrow attempt to demonstrate a functioning normative structure or interpret developments as reflective of some emerging and somewhat unwieldy ethical order. This book therefore aims to ameliorate the approaches of a number of different 'schools' within the disciplines of international law and international relations, without being wedded to a single concept. Current scholarship in international law tends to favour an unresolved critique, a utopian vision, or to refer to other disciplines like international relations without fully explaining the significance or importance of taking such a step. This book analyses a variety of problems and issues that have surfaced within the international system and provides a framework for consideration of these issues, with a view towards accounting for ongoing developments in the international arena.
Book Synopsis Homeland Security, its Law and its State by : Christos Boukalas
Download or read book Homeland Security, its Law and its State written by Christos Boukalas and published by Routledge. This book was released on 2014-03-26 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the impact of post-9/11 domestic counterterrorism policy on US political life. It examines political discourse, law, institutional architecture, and state-population relations, and shows that ‘homeland security’ is a project with wide-ranging implications for democratic institutions and culture. These implications are addressed through a novel approach that treats law and the state as social relations, and relates developments in law to those in the state and in social dynamics. On this basis, the book examines the new political representations in counterterrorism discourse, especially regarding the relation between the state and the population. It examines the form and content of counterterrorism law, the powers it provides, and the structure and functions it prescribes for the state. By focusing on the new Department of Homeland Security and the restructuring of the intelligence apparatus, the book assesses the new, intelligence-led, policing model. Finally, it examines forms of popular support and resistance to homeland security, to discuss citizenship and state-population relations. The author concludes that homeland security has turned the US into a hybrid polity; the legal and political institutions of democracy remain intact, but their content and practices become authoritarian and exclude the population from politics. These legal and political forms remain operative beyond counterterrorism, in the context of the present economic crisis. They are a permanent configuration of power. This book is an indispensable companion for students of (counter-) Terrorism and Security Studies, Politics, Human Rights, Constitutional and Criminal Law, American Studies, and Criminology.
