|
Showing 1 - 4 of
4 matches in All Departments
Many of Carl Schmitt's major works have by now been translated,
with two notable exceptions: Schmitt's two early monographs Statute
and Judgment (first published in 1912) and The Value of the State
and the Significance of the Individual (first published in 1914).
In these two works Schmitt presents a theory of adjudication as
well as an account of the state's role in the realization of the
rule of law, which together form the theoretical basis on which
Schmitt later developed his political and constitutional theory.
This new book makes these two key texts available in English
translation for the first time, together with an introduction that
relates the texts to their historical context, to Schmitt's other
works, and to contemporary discussions in legal and constitutional
theory.
Many of Carl Schmitt's major works have by now been translated,
with two notable exceptions: Schmitt's two early monographs Statute
and Judgment (first published in 1912) and The Value of the State
and the Significance of the Individual (first published in 1914).
In these two works Schmitt presents a theory of adjudication as
well as an account of the state's role in the realization of the
rule of law, which together form the theoretical basis on which
Schmitt later developed his political and constitutional theory.
This new book makes these two key texts available in English
translation for the first time, together with an introduction that
relates the texts to their historical context, to Schmitt's other
works, and to contemporary discussions in legal and constitutional
theory.
This volume provides the first English translation of Hans Kelsen's
and Carl Schmitt's influential Weimar-era debate on constitutional
guardianship and the legitimacy of constitutional review. It
includes Kelsen's seminal piece, 'The Nature and Development of
Constitutional Adjudication', as well as key extracts from the
'Guardian of the Constitution' which present Schmitt's argument
against constitutional review. Also included are Kelsen's review of
Schmitt's 'Guardian of the Constitution', as well as some further
material by Kelsen and Schmitt on presidential dictatorship under
Article 48 of the Weimar Constitution. These texts show Kelsen and
Schmitt responding to one another, in the context of a debate
focused on a concrete constitutional crisis, thus allowing the
reader to assess the plausibility of Kelsen's and Schmitt's legal
and constitutional theories.
Hans Kelsen is considered to be one of the founding fathers of
modern legal philosophy. But despite Kelsen's prominence as a legal
theorist, his political theory has 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, 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 thePure 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.
|
You may like...
Midnights
Taylor Swift
CD
R418
Discovery Miles 4 180
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.