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Hans Kelsen
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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 Principles of International Law by : Hans Kelsen
Download or read book Principles of International Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2003 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kelsen, Hans. Principles of International Law. New York: Rinehart & Company, Inc. [1952]. xvii, 461 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-325-1. Cloth. $85. * Upon his retirement from the faculty of University of California at Berkeley in 1952, noted legal philosopher and political scientist Hans Kelsen [1881-1973] produced arguably this his most important work, "... a systematic study of the most important aspects of international law, including international delicts and sanctions, reprisals, the spheres of validity and the essential function of international law, creation and application of international law and national law." Nicoletta Bersier Ladavac, "Hans Kelsen (1881 - 1973) Biographical Note and Bibliography," European Journal of International Law Vol. 9 (1998) No. 2.
Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
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 The Lawbook Exchange, Ltd.. This book was released on 2009 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.
Download or read book Society and Nature written by Hans Kelsen and published by Routledge. This book was released on 2014-05-22 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1998.This is Volume XIV of eighteen in the Sociology of Behaviour and Psychology series. This text is concerned with sociological inquiry into society and nature. Written in 1946, it investigates the idea that society and nature, if conceived of as two different systems of elements, are the results of two different methods of thinking and are only as such two different objects. The same elements, connected with each other according to the principle of causality, constitute nature; connected with each other according to another, namely, a normative, principle, they constitute society
Book Synopsis The Guardian of the Constitution by : Hans Kelsen
Download or read book The Guardian of the Constitution written by Hans Kelsen and published by Cambridge University Press. This book was released on 2015-02-19 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.
Download or read book Peace Through Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book What is Justice? written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kelsen, Hans. What is Justice? Justice, Law and Politics in the Mirror of Science. Berkeley: University of California Press, 1957. [vi], 397 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. ISBN 1-58477-101-1. Cloth. New. $95. * Through the lens of science, Kelsen proposes a dynamic theory of natural law, examines Platonic and Aristotelian doctrines of justice, the idea of justice as found in the holy scriptures, and defines justice as "...that social order under whose protection the search for truth can prosper. 'My' justice, then, is the justice of freedom, the justice of peace, the justice of democracy-the justice of tolerance." (p. 24).
Book Synopsis Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence by : D.A. Jeremy Telman
Download or read book Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence written by D.A. Jeremy Telman and published by Springer. This book was released on 2016-08-26 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the reasons for Hans Kelsen’s lack of influence in the United States and proposes ways in which Kelsen’s approach to law, philosophy, and political, democratic, and international relations theory could be relevant to current debates within the U.S. academy in those areas. Along the way, the volume examines Kelsen’s relationship and often hidden influences on other members of the mid-century Central European émigré community whose work helped shape twentieth-century social science in the United States. The book includes major contributions to the history of ideas and to the sociology of the professions in the U.S. academy in the twentieth century. Each section of the volume explores a different aspect of the puzzle of the neglect of Kelsen’s work in various disciplinary and national settings. Part I provides reconstructions of Kelsen’s legal theory and defends that theory against negative assessments in Anglo-American jurisprudence. Part II focuses both on Kelsen’s theoretical views on international law and his practical involvement in the post-war development of international criminal law. Part III addresses Kelsen’s theories of democracy and justice while placing him in dialogue with other major twentieth-century thinkers, including two fellow émigré scholars, Leo Strauss and Albert Ehrenzweig. Part IV explores Kelsen’s intellectual legacies through European and American perspectives on the interaction of Kelsen’s theoretical approach to law and national legal traditions in the United States and Germany. Each contribution features a particular applications of Kelsen’s approach to doctrinal and interpretive issues currently of interest in the legal academy. The volume concludes with two chapters on the nature of Kelsen’s legal theory as an instance of modernism.
Book Synopsis The Legitimacy of Modern Democracy by : Pedro T. Magalhães
Download or read book The Legitimacy of Modern Democracy written by Pedro T. Magalhães and published by Routledge. This book was released on 2020-12-30 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: By re-examining the political thought of Max Weber, Carl Schmitt and Hans Kelsen, this book offers a reflection on the nature of modern democracy and the question of its legitimacy. Pedro T. Magalhães shows that present-day elitist, populist and pluralist accounts of democracy owe, in diverse and often complicated ways, an intellectual debt to the interwar era, German-speaking, scholarly and political controversies on the problem(s) of modern democracy. A discussion of Weber’s ambivalent diagnosis of modernity and his elitist views on democracy, as they were elaborated especially in the 1910s, sets the groundwork for the study. Against that backdrop, Schmitt’s interwar political thought is interpreted as a form of neo-authoritarian populism, whereas Kelsen evinces robust, though not entirely unproblematic, pluralist consequences. In the conclusion, the author draws on Claude Lefort’s concept of indeterminacy to sketch a potentially more fruitful way than can be gleaned from the interwar German discussions of conceiving the nexus between the elitist, populist and pluralist faces of modern democracy. The Legitimacy of Modern Democracy will be of interest to political theorists, political philosophers, intellectual historians, theoretically oriented political scientists, and legal scholars working in the subfields of constitutional law and legal theory. The Open Access version of this book, available at https://doi.org/10.4324/9781315157566, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
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 Hans Kelsen's Pure Theory of Law by : Lars Vinx
Download or read book Hans Kelsen's Pure Theory of Law written by Lars Vinx and published by OUP Oxford. This book was released on 2007-09-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen is commonly considered to be among the founding fathers of modern legal philosophy. Despite Kelsen's prominence as a legal theorist, his political theory has so far been mostly overlooked. This book argues that Kelsen's legal theory, the Pure Theory of Law, needs to be read in the context of Kelsen's political theory. It offers the first comprehensive interpretation of the Pure Theory that makes systematic use of Kelsen's conception of the rule of law, of his theory of democracy, his defense of constitutional review, and his views on international law. Once it is read in the context of Kelsen's political works, Kelsen's analysis of legal normativity provides us with a notion of political legitimacy that is distinct from any comprehensive and contestable theory of justice. It shows how members of pluralist societies can reasonably acknowledge the binding nature of law, even where its content does not fully accord with their own substantive views of the requirements of justice, provided it is created in accordance with an ideal of fair arbitration amongst social groups. This result leads to a fundamental re-evaluation of the Pure Theory of Law. The theory is best understood as an attempt to find a middle ground between natural law and legal positivism. Later positivist legal theorists inspired by Kelsen's work failed to appreciate the political-theoretical context of the Pure Theory and turned to a narrow instrumentalism about the functions of law. The perspective on Kelsen offered in this book aims to reconnect positivist legal thought with normative political theory.
Book Synopsis The Essence and Value of Democracy by : Hans Kelsen
Download or read book The Essence and Value of Democracy written by Hans Kelsen and published by Rowman & Littlefield. This book was released on 2013-08-22 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen is widely recognized as one of the most important legal theorists of the 20th century. Surprisingly, however, his political writings are not nearly as widely known as his legal theory, especially in the English-speaking world. This book fills the void between what is and isn't known about Hans Kelsen's political philosophy, and the ways that philosophy has and will continue to shape political debates inherent to democracy in the future. For the first time in English, this classic book - with an introduction by political theorist Nadia Urbinati - provides an overview of Kelsen's career and his contributions to 20th century political thought.
Book Synopsis The Political Theory of Bolshevism by : Hans Kelsen
Download or read book The Political Theory of Bolshevism written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2007 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE CONTRADICTORY NATURE OF COMMUNIST GOVERNMENT Written during a tense period of the Cold War, this study observed that Bolshevism was a system that embraces anarchism in theory and totalitarianism in practice. In order to survive the Bolshevist state must obliterate the potentially destabilizing forces inherent in democracy through a party dictatorship that is presented as the political self-determination of a free people. "A deep-cutting analysis of some of the fundamental contradictions in Communist theory and practice, particularly in regard to democracy and the dictatorial function of the state." --Foreign Affairs 27 (1948-49) 679 Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss and restored in 1945. He was the author of more than forty books on law and legal philosophy. Active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the Universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley and the Naval War College.
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 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 387 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 General Theory of Norms by : Hans Kelsen
Download or read book General Theory of Norms written by Hans Kelsen and published by Oxford [England] : Clarendon Press. This book was released on 1991 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen is considered by many to be the foremost legal thinker of the twentieth century. During the last decade of his life he was working on what he called a general theory of norms. Published posthumously in 1979 as Allgemeine Theorie der Normen, the book is here translated for the first time into English. Kelsen develops his "pure theory of law" into a "general theory of norms", and analyzes the applicability of logic to norms to offer an original and extreme position which some have called "normative irrationalism". Examining the views of over 200 philosophers and legal theorists on law, morality, and logic, and revising several of his own earlier positions, Kelsen's final work is a mandatory resource for legal and moral philosophers.
