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Gustav Radbruchs Rechtsphilosophie Und Hans Kelsens Reine Rechtslehre
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Book Synopsis Gustav Radbruch/Archibald H. Campbell Briefwechsel 1935-1949 by : Gustav Radbruch
Download or read book Gustav Radbruch/Archibald H. Campbell Briefwechsel 1935-1949 written by Gustav Radbruch and published by LIT Verlag Münster. This book was released on 2005 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Concept of Ideals in Legal Theory by : Sanne Taekema
Download or read book The Concept of Ideals in Legal Theory written by Sanne Taekema and published by Springer Science & Business Media. This book was released on 2002-12-31 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.
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 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 2016-07-13 with total page 1952 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.
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 Integratives Verstehen by : Robert Alexy
Download or read book Integratives Verstehen written by Robert Alexy and published by Mohr Siebeck. This book was released on 2005 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elf Autoren untersuchen in diesem Band das Werk Ralf Dreiers, einem der herausragenden deutschen Rechtsphilosophen der Generation derer, die zwar noch vor 1945 aufgewachsen sind, deren eigenständiges Denken sich aber erst in der Nachkriegszeit entfaltet hat. Im Zentrum der Dreierschen ÿberlegungen steht die klassische Kernfrage der Rechtsphilosophie: 'Was ist Recht?' Seine Art, dies Problem zu behandeln, läÃYt sich durch die Begriffe des Systems und der Interpretation kennzeichnen. Mit groÃYer integrativer Kraft behandelt er die Verhältnisse zwischen Rechtsphilosophie, Rechtstheorie, Rechtssoziologie und Rechtsdogmatik. Sein Leitmotiv ist dabei das ZusammenfÃ1⁄4gen des Getrennten und Zerstreuten zu einem Ganzen, zu einem System.
Book Synopsis The Structure and Process of International Law by : Ronald St John MacDonald
Download or read book The Structure and Process of International Law written by Ronald St John MacDonald and published by Martinus Nijhoff Publishers. This book was released on 1983-10 with total page 1240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Idea of Justice in Literature by : Hiroshi Kabashima
Download or read book The Idea of Justice in Literature written by Hiroshi Kabashima and published by Springer. This book was released on 2018-05-07 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theme arises from the legal-academic movement "Law and Literature". This newly developed field should aim at two major goals, first, to investigate the meaning of law in a social context by questioning how the characters appearing in literary works understand and behave themselves to the law (law in literature), and second, to find out a theoretical solution of the methodological question whether and to what extent the legal text can be interpreted objectively in comparison with the question how literary works should be interpreted (law as literature). The subject of justice and injustice has been covered not only in treatises of law and philosophy, but also in many works of literature: On the one hand, poets and writers have been outraged at the social conditions of their time. On the other hand, some of them have also contributed fundamental reflections on the idea of justice itself.
Book Synopsis Examining State and Evil: Authoritarian Slips, Past and Present by :
Download or read book Examining State and Evil: Authoritarian Slips, Past and Present written by and published by BRILL. This book was released on 2019-01-04 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume was first published by Inter-Disciplinary Press in 2013. The critical turn of the neoliberal capitalism in 2000s, 9/11 events and its after-effects, worldly and regional economic crises during the first decade of the 21st century and the repositioning of governments against crises... . The state has become one of the most burning questions of our times regarding its apparently rising power all over the world and it deserves even more attention today than any time. The needed attention should awaken philosophical questionings as well: ‘Putting the state in its place’ cannot be considered out of ethics and oscillating discussions around the state between good and evil. This book aims to be a contribution to the debates as the volume gathers a number of contributions by scholars from around the world who discuss the state in this axis through various examples from different geographies and historical periods.
Book Synopsis A Critical Appraisal of Karl Olivecrona's Legal Philosophy by : Torben Spaak
Download or read book A Critical Appraisal of Karl Olivecrona's Legal Philosophy written by Torben Spaak and published by Springer. This book was released on 2014-06-17 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a critical appraisal of Karl Olivecrona’s legal philosophy. Based on Olivecrona’s critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, the book argues that Olivecrona’s legal philosophy is a unique contribution to twentieth century legal philosophy. It shows how Olivecrona’s philosophy can be used in the assessment of contemporary theories of law, such as those put forward by Hart, Raz, Dworkin, and Alexy. In addition, the book argues that Olivecrona’s various discussions of theories defended by key people in the history of legal and political philosophy are highly interesting contributions. They not only increase our understanding of the legal and political philosophy of previous generations, but also enhances our insight into legal-philosophical questions that remain with us today.
Book Synopsis The Routledge Handbook of Philosophy of Relativism by : Martin Kusch
Download or read book The Routledge Handbook of Philosophy of Relativism written by Martin Kusch and published by Routledge. This book was released on 2019-12-06 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: Relativism can be found in all philosophical traditions and subfields of philosophy. It is also a central idea in the social sciences, the humanities, religion and politics. This is the first volume to map relativistic motifs in all areas of philosophy, synchronically and diachronically. It thereby provides essential intellectual tools for thinking about contemporary issues like cultural diversity, the plurality of the sciences, or the scope of moral values. The Routledge Handbook of Philosophy of Relativism is an outstanding major reference source on this fundamental topic. The 57 chapters by a team of international contributors are divided into nine parts: Relativism in non-Western philosophical traditions Relativism in Western philosophical traditions Relativism in ethics Relativism in political and legal philosophy Relativism in epistemology Relativism in metaphysics Relativism in philosophy of science Relativism in philosophy of language and mind Relativism in other areas of philosophy. Essential reading for students and researchers in all branches of philosophy, this handbook will also be of interest to those in related subjects such as politics, religion, sociology, cultural studies and literature.
Book Synopsis Legal Validity and Soft Law by : Pauline Westerman
Download or read book Legal Validity and Soft Law written by Pauline Westerman and published by Springer. This book was released on 2018-12-05 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Book Synopsis Institutionalized Reason by : Matthias Klatt
Download or read book Institutionalized Reason written by Matthias Klatt and published by OUP Oxford. This book was released on 2012-02-23 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy. The contributions explore the issues surrounding the complex relations between rights, law, and morality and reflect on Alexy's distinctive work on these issues. The focus across the contributions is on Alexy's main pre-occupations - his anti-positivist views on the nature of law, his approach to the nature of legal reasoning, and his understanding of constitutional rights as legal principles. In an extended response to the contributions in the volume, Alexy develops his views on these central issues. The volume's juxtaposition of Anglo-American and German perspectives brings into focus the differences as well as the prospect of cross-fertilization between Continental and Anglo-American work in jurisprudence.
Book Synopsis Interdisziplinäre Studien zu Recht und Staat by :
Download or read book Interdisziplinäre Studien zu Recht und Staat written by and published by . This book was released on 1994 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Idea of Order written by H. Barth and published by Springer Science & Business Media. This book was released on 1960-01-31 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: In these essays toward a political philosophy we shall be con cerned with fundamentals. And because it is a question of fundamentals, they will, we imagine, be of interest to many readers. We should like to contribute to a clarification, histor ically and systematically, of some concepts with which every philosophy of society and the state has to deal. We shall admit historical considerations for the sake of insights into the sys tematic ones, and we trust that our inquiry into the systematic will help us to understand the historical. For we are moving in that circle exemplarily described by Johann Gustav Droysen in his Vorlesungen fiber Enzyklopadie und Methodologie der Ge schichte (§ 37) when he writes: 'Undoubtedly we only under stand completely that which is, when we recognize and make clear to ourselves how it came to be. But how it came to be, we recognize only if we investigate and understand, as exactly as possible, how it is. Our grasping that which came to be and comprehending its becoming is only one form and expression of our understanding of the present and existing. And this becoming and having come to be can be derived only by temporally conceiving and analysing the existing in order to understand it. ' We must, therefore, center our attention on what may be called the structure and logic of social order.
Book Synopsis Philosophie und Zeitgeist im Nationalsozialismus by : Marion Heinz
Download or read book Philosophie und Zeitgeist im Nationalsozialismus written by Marion Heinz and published by Königshausen & Neumann. This book was released on 2006 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :International Association for Philosophy of Law and Social Philosophy. World Congress Publisher :Franz Steiner Verlag ISBN 13 :9783515066792 Total Pages :206 pages Book Rating :4.0/5 (667 download)
Book Synopsis Law, Justice and the State: Problems in law by : International Association for Philosophy of Law and Social Philosophy. World Congress
Download or read book Law, Justice and the State: Problems in law written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 1995 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993.