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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.
Originally published in 1987, this book introduces the reader to
work on the intellectual development of adolescents relevant to the
secondary school teacher. It covers the teaching of English,
history, geography, economics, politics, legal studies, physics,
chemistry, biology and mathematics. Although it emphasises the
continuing importance of Piaget's thought, the book aims to
introduce readers to the non-Piagetian research that had taken
place in recent years.
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.
Roberto Esposito: Law, Community and the Political provides a
critical legal introduction to this increasingly influential
Italian theorist's work, by focusing on Esposito's
reconceptualisation of the relationship between law, community and
the political. The analysis concentrates primarily on Esposito's
Categories de l'Impolitique, Communitas, Immunitas and Bios, which,
it is argued, are animated by an abiding concern with the position
of critique in relation to the tradition of modern and contemporary
legal and political philosophy. Esposito's fundamental rethinking
of these notions breaks with the existing framework of political
and legal philosophy, through the critique of its underlying
presuppositions. And, in the process, Esposito rethinks the very
form of critique. As the first monograph-length study of Esposito
in English, Roberto Esposito: Law, Community and the Political will
be of considerable interest to those working in the areas of
contemporary legal and political thought and philosophy.
Originally published in 1987, this book introduces the reader to
work on the intellectual development of adolescents relevant to the
secondary school teacher. It covers the teaching of English,
history, geography, economics, politics, legal studies, physics,
chemistry, biology and mathematics. Although it emphasises the
continuing importance of Piaget's thought, the book aims to
introduce readers to the non-Piagetian research that had taken
place in recent years.
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.
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.
Originally published in 1987, this book introduces work on the
intellectual development of children in the primary school. It
contains chapters on the teaching of reading, writing, art, science
and mathematics. While critical of many of the once popular ideas
of Jean Piaget, the author also emphasises the continuing validity
of some aspects of Piaget's thinking.
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.
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.
Roberto Esposito: Law, Community and the Political provides a
critical legal introduction to this increasingly influential
Italian theorist's work, by focusing on Esposito's
reconceptualisation of the relationship between law, community and
the political. The analysis concentrates primarily on Esposito's
Categories de l'Impolitique, Communitas, Immunitas and Bios, which,
it is argued, are animated by an abiding concern with the position
of critique in relation to the tradition of modern and contemporary
legal and political philosophy. Esposito's fundamental rethinking
of these notions breaks with the existing framework of political
and legal philosophy, through the critique of its underlying
presuppositions. And, in the process, Esposito rethinks the very
form of critique. As the first monograph-length study of Esposito
in English, Roberto Esposito: Law, Community and the Political will
be of considerable interest to those working in the areas of
contemporary legal and political thought and philosophy.
Originally published in 1987, this book introduces work on the
intellectual development of children in the primary school. It
contains chapters on the teaching of reading, writing, art, science
and mathematics. While critical of many of the once popular ideas
of Jean Piaget, the author also emphasises the continuing validity
of some aspects of Piaget's thinking.
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