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Author: Hans Kelsen Publisher: Routledge ISBN: 1351517996 Category : Law Languages : en Pages : 557
Book Description
Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law", - within which the study of international law was his special field of work. The present volume, "General Theory of Law and State", first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence. The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories, "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries". Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, "General Theory of Law and State" is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German. The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.
Author: Hans Kelsen Publisher: Routledge ISBN: 1351517996 Category : Law Languages : en Pages : 557
Book Description
Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law", - within which the study of international law was his special field of work. The present volume, "General Theory of Law and State", first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence. The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories, "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries". Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, "General Theory of Law and State" is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German. The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.
Author: Enrico Pattaro Publisher: Springer Science & Business Media ISBN: 9400714793 Category : Philosophy Languages : en Pages : 1952
Book Description
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Author: Roscoe Pound Publisher: The Lawbook Exchange, Ltd. ISBN: 1584771194 Category : Law Languages : en Pages : 3254
Book Description
v. 1. Jurisprudence. The end of law -- v. 2. The nature of law -- v. 3. The scope and subject matter of law. Sources, forms, modes of growth -- v. 4. Application and enforcement of law. Analysis of general juristic conceptions -- v. 5. The system of law.
Author: Francisco J. Bellido Publisher: Taylor & Francis ISBN: 1000846679 Category : History Languages : en Pages : 169
Book Description
This book delves into the conceptual changes produced by the Spanish constitutional debate held between 27 August and 9 December 1931. Taking place at the beginning of Spain’s Second Republic, those parliamentary deliberations brought about significant novelties in the political vocabulary. Concepts such as democracy, sovereignty, reform, revolution, and freedom, among others, were re-signified. This study investigates the conceptual contributions made by Spanish MPs in the course of the constitutional debate of 1931 by assuming, as a research approach, an interdisciplinary stance combining conceptual history, political theory, and parliamentary constitutional history. By doing so, it selects five determining issues: the pervasive discussion about two competing meanings of a democratic state; the rhetorical uses of reform and revolution; conceptual controversies about religious freedom; the disputed idea of property rights; and the functions of parliament and the president of the republic in a semi-presidential regime. The constitutional debate was largely inspired by interwar European constitutionalism which constituent representatives used to update the Spanish constitutional tradition. With that goal in mind, this book is aimed at undergraduate and graduate students and scholars working in the fields of conceptual history, political philosophy, parliamentary history, European political history, and European constitutionalism. Licence line: The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author: Robert Kolb Publisher: Edward Elgar Publishing ISBN: 1788116372 Category : International law Languages : en Pages : 308
Book Description
Inspired by Antonio Truyol y Serra’s classic work, Doctrines sur le fondement du Droit des gens, this book offers a fully revised and updated examination and discussion of the various doctrines forming the foundations of international law. It offers an accessible insight into the theoretical background of the various legal constructions that characterize the relationship between both international and national legal orders.
Author: K. Mulligan Publisher: Springer Science & Business Media ISBN: 9400935218 Category : Philosophy Languages : en Pages : 349
Book Description
Phenomenology as practised by Adolf Reinach ( 1883-191 7) in his all too brief philosophical career exemplifies all the virtues of Husserl's Logical Investigations. It is sober, concerned to be clear and deals with specific problems. It is therefore understandable that, in a philosophical climate in which Husserl's masterpiece has come to be regarded as a mere stepping stone on the way to his later Phenomeno logy, or even to the writings of a Heidegger, Reinach's contributions to exact philo sophy have been all but totally forgotten. The topics on which Reinach wrote most illuminatingly, speech acts (which he called 'social acts') and states of affairs (Sachverhalte ), as well as his realism about the external world, have come to be regarded as the preserve of other traditions of exact philosophy. Like my fellow contributors, I hope that the present volume will go some way towards correcting this unfortunate historical accident. Reinach's account of judgements and states of affairs, an account that precedes those of Russell and Wittgenstein, his 1913 treatment of speech acts, his reinter pretation of Hume and aspects of his legal philosophy are the main philosophical topics dealt with in what follows. But his analysis of deliberation as well as his work on movement and Zeno's paradoxes get only a passing mention.
Author: Martín Laclau Publisher: BRILL ISBN: 9004686738 Category : Law Languages : en Pages : 193
Book Description
In this work, one of Latin America’s most renowned legal philosophers conducts a comprehensive survey of the ancient Greek understanding of the law, drawing on texts by poets (Hesiod), philosophers (Anaximander), playwrights (Aeschylus and Sophocles), and historians (Herodotus and Thucydides). The book ends with a finely detailed analysis of the relationship between language and reality in Aristotle, and the emergence of the notion of the system and its subsequent introduction into Roman law. The author’s in-depth study of all these aspects makes this volume an essential reference for philosophers, jurists, and historians.
Author: Hans Kelsen
Author: Hans Kelsen
Author: Enrico Pattaro
Author: Roscoe Pound
Author: Francisco J. Bellido
Author: Robert Kolb
Author: K. Mulligan
Author: Martín Laclau
Author: 
Author: 
Author: Mário Lins