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Hermann Heller was one of the leading public lawyers and legal and
political theorists of the Weimar era, whose main interlocutors
were two of the giants of twentieth century legal and political
thought, Hans Kelsen and Carl Schmitt. In this 1927 work, Hermann
Heller addresses the paradox of sovereignty. That is, how the
sovereign can be both the highest authority and subject to law.
Unlike Kelsen and Schmitt, who seek to dissolve the paradox, Heller
sees that the tensions the paradox highlights are an essential part
of a society ruled by law. Sovereignty, in the sense of national
and popular sovereignty, is often perceived today as being under
threat, as power devolves from nation states to international
bodies, and important decisions seem increasingly made by
elite-dominated institutions. Hermann Heller wrote Sovereignty in
1927 amidst the very similar tensions of the Weimar Republic. In an
exploration of history, constitutional and political theory, and
international law, Heller speaks clearly to our contemporary
concerns, and shows that democrats must defend a legal idea of
sovereignty suitable for a pluralistic world.
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