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.
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