The Foundation of the Juridico-Political PDF Download

Author: Ian Bryan
Publisher: Routledge
ISBN: 113504743X
Category : Law
Languages : en
Pages : 266

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Book Description
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.

Author: Ian Bryan
Publisher: Routledge
ISBN: 1136007687
Category : Law
Languages : en
Pages : 208

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Book Description
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.

Author: Alf Ross
Publisher:
ISBN: 0198716109
Category : Law
Languages : en
Pages : 567

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Book Description
On Law and Justice is a classic work of twentieth-century legal philosophy. The first translation into English was notably poor and misrepresented Ross' views. Translated from scratch from the original Danish, this critical edition sheds new light on Ross' work and resituates it firmly in the context of current debates in the field.

Author: Dietmar Heidemann
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110422107
Category : Philosophy
Languages : en
Pages : 292

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Book Description
Research on federalism is rarely concerned with its philosophical foundations. However, arguments on why and how best to organise a plurality of states in a multilevel political order have first been discussed by philosophers and continue to inspire contemporary reasoning on international and supranational relations not only in political philosophy. This book offers a unique overview of the philosophical foundations of federalism from both a historical and a systematic perspective. The analyses proposed by renowned scholars from the US and from several European countries cover classic writers such as Hobbes and the authors of the Federalist Papers, Kant and Rawls, and range from anthropological justifications of federal orders to contemporary problems of EU constitutionalism, the principle of subsidiarity and the jurisdiction of the European Court of Human Rights (ECHR). The book is of relevance to anyone interested in philosophical justifications of federalism.

Author: Héctor López Bofill
Publisher: Routledge
ISBN: 1000393844
Category : Business & Economics
Languages : en
Pages : 192

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Book Description
This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.

Author: John E. Atwell
Publisher: Springer Science & Business Media
ISBN: 9789024731671
Category : Philosophy
Languages : en
Pages : 252

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Book Description
Immanuel Kant (1724-1804) stands among the greatest thinkers of the Western world. There is hardly an area of thought, at least of philosophical thought, to which he did not make significant and lasting contributions. Particularly noteworthy are his writings on the foundations and limits of human knowledge, the bidimensional nature of perceptual or "natural" objects (including human beings), the basic principles and ends of morality, the character of a just society and of a world at peace, the movement and direction of human history, the nature of beauty, the end or purpose of all creation, the proper education of young people, the true conception of religion, and on and on. Though Kant was a life-long resident of Konigsberg, Prussia - child, student, tutor, and then professor of philosophy (and other subjects) - his thought ranged over nearly all the world and even beyond. Reports reveal that he (a bachelor) was an amiable man, highly respected by his students and colleagues, and even loved by his several close friends. He was apparently a man of integrity, both in his personal relations and in his pursuit of knowledge and truth. Despite his somewhat pessimistic attitude toward the moral progress of mankind - judging from past history and contemporary events - he never wavered from a deep-seated faith in the goodness of the human heart, in man's "splendid disposition toward the good.

Author: Natasha Wheatley
Publisher: Princeton University Press
ISBN: 0691244081
Category : History
Languages : en
Pages : 424

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Book Description
An intellectual history of sovereignty that reveals how the Habsburg Empire became a crucible for our contemporary world order Sprawled across the heartlands of Europe, the Habsburg Empire resisted all the standard theories of singular sovereignty. The 1848 revolutions sparked decades of heady constitutional experimentation that pushed the very concept of “the state” to its limits. This intricate multinational polity became a hothouse for public law and legal philosophy and spawned ideas that still shape our understanding of the sovereign state today. The Life and Death of States traces the history of sovereignty over one hundred tumultuous years, explaining how a regime of nation-states theoretically equal under international law emerged from the ashes of a dynastic empire. Natasha Wheatley shows how a new sort of experimentation began when the First World War brought the Habsburg Empire crashing down: the making of new states. Habsburg lands then became a laboratory for postimperial sovereignty and a new international order, and the results would echo through global debates about decolonization for decades to come. Wheatley explores how the Central European experience opens a unique perspective on a pivotal legal fiction—the supposed juridical immortality of states. A sweeping work of intellectual history, The Life and Death of States offers a penetrating and original analysis of the relationship between sovereignty and time, illustrating how the many deaths and precarious lives of the region’s states expose the tension between the law’s need for continuity and history’s volatility.

Author: Barry Smart
Publisher: Routledge
ISBN: 0415562066
Category : Philosophy
Languages : en
Pages : 155

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Book Description
Examines the relevance of Foucault's work for developing an understanding of those issues which lie beyond the limits of Marxist theory and analysis - issues such as 'individualising' forms of power, power-knowledge relations, the rise of 'the social', and the associated socialisation of politics.

Author: Julián Andrés González Holguín
Publisher: Taylor & Francis
ISBN: 1351732005
Category : Bibles
Languages : en
Pages : 207

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Book Description
Utilising Giorgio Agamben’s concepts of homo sacer and drawing from political theory, philosophy, and psychoanalysis, this book creates a theoretical framework from which to analyse interpretations of Genesis 4:1-16 and to propose an alternative reading of the Biblical text that incorporates other texts inside and outside the Biblical canon.

Author: Christos Boukalas
Publisher: Routledge
ISBN: 113602560X
Category : Law
Languages : en
Pages : 273

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Book Description
This book assesses the impact of post-9/11 domestic counterterrorism policy on US political life. It examines political discourse, law, institutional architecture, and state-population relations, and shows that ‘homeland security’ is a project with wide-ranging implications for democratic institutions and culture. These implications are addressed through a novel approach that treats law and the state as social relations, and relates developments in law to those in the state and in social dynamics. On this basis, the book examines the new political representations in counterterrorism discourse, especially regarding the relation between the state and the population. It examines the form and content of counterterrorism law, the powers it provides, and the structure and functions it prescribes for the state. By focusing on the new Department of Homeland Security and the restructuring of the intelligence apparatus, the book assesses the new, intelligence-led, policing model. Finally, it examines forms of popular support and resistance to homeland security, to discuss citizenship and state-population relations. The author concludes that homeland security has turned the US into a hybrid polity; the legal and political institutions of democracy remain intact, but their content and practices become authoritarian and exclude the population from politics. These legal and political forms remain operative beyond counterterrorism, in the context of the present economic crisis. They are a permanent configuration of power. This book is an indispensable companion for students of (counter-) Terrorism and Security Studies, Politics, Human Rights, Constitutional and Criminal Law, American Studies, and Criminology.