Legality And Legitimacy

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Legality And Legitimacy

Author : Carl Schmitt
ISBN : 9780822385769
Genre : Law
File Size : 56.57 MB
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Carl Schmitt ranks among the most original and controversial political thinkers of the twentieth century. His incisive criticisms of Enlightenment political thought and liberal political practice remain as shocking and significant today as when they first appeared in Weimar Germany. Unavailable in English until now, Legality and Legitimacy was composed in 1932, in the midst of the crisis that would lead to the collapse of the Weimar Republic and only a matter of months before Schmitt’s collaboration with the Nazis. In this important work, Schmitt questions the political viability of liberal constitutionalism, parliamentary government, and the rule of law. Liberal governments, he argues, cannot respond effectively to challenges by radical groups like the Nazis or Communists. Only a presidential regime subject to few, if any, practical limitations can ensure domestic security in a highly pluralistic society. Legality and Legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. In addition to Jeffrey Seitzer’s translation of the 1932 text itself, this volume contains his translation of Schmitt’s 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution. John P. McCormick’s introduction places Legality and Legitimacy in its historical context, clarifies some of the intricacies of the argument, and ultimately contests Schmitt’s claims regarding the inherent weakness of parliamentarism, constitutionalism, and the rule of law.
Category: Law

Legitimacy And Legality In International Law

Author : Jutta Brunnée
ISBN : 9781139491471
Genre : Law
File Size : 41.76 MB
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It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
Category: Law

Hans Kelsen S Pure Theory Of Law

Author : Lars Vinx
ISBN : 9780199227952
Genre : Law
File Size : 81.50 MB
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By showing how Kelsen's theory of law works alongside his political philosophy, the book shows the Pure Theory to be part of a wider attempt to understand how political power can be legitimately exercised in pluralist societies.
Category: Law

Legality And Legitimacy

Author : David Dyzenhaus
ISBN : 9780198298465
Genre : Law
File Size : 56.39 MB
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This book investigates one of the oldest questions of legal philosophy---the relationship between law and legitimacy. It analyses the legal theories of three eminent public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller. Their theories addressed the problems of legal and political order in a crisis-ridden modern society and so they remain highly relevant to contemporary debates about legal order in the age of pluralism. Schmitt, the philosopher of German fascism, has recently received much attention. Kelsen is well-known as one of the main exponents of the philosophy of legal positivism. Heller is virtually unknown outside Germany. Dyzenhaus exposes the dangers of Schmitt's legal philosophy by situating it in the legal context of constitutional crisis to which he responded. He also points out the severs inadequacies of Kelsen's legal positivism. In a wide-ranging account of the predicaments of contemporary legal and political philosophy, Heller's position is argued to be the most promising of the three.
Category: Law

Legality And Legitimacy In Global Affairs

Author : Richard Falk
ISBN : 9780199781584
Genre : History
File Size : 26.44 MB
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This book focuses on the problematic relationship between legality and legitimacy when a nation (or nations) intervene in the work of other nations. Bringing together a wide range of contributors with a broad set of cases that consider when such intervention is legitimate even if it isn't legal--and vice versa--the chapters cover humanitarian intervention, nuclear nonproliferation, military intervention, international criminal tribunals, interventions driven by environmental concerns, and the export of democracy. By focusing on a diverse array of cases, this volume establishes a clear framework for judging the legitimacy of such actions.
Category: History

The Legality And Legitimacy Of The Use Of Force In Northeast Asia

Author : Brendan Howe
ISBN : 9789004249059
Genre : History
File Size : 62.99 MB
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In The Legality and Legitimacy of the Use of Force in Northeast Asia, Brendan Howe and Boris Kondoch offer a comprehensive evaluation of when it is right, from regional perspectives, to use force in international relations.
Category: History

Legitimacy In International Law

Author : Rüdiger Wolfrum
ISBN : 3540777644
Genre : Law
File Size : 48.43 MB
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There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Category: Law

Annual Report

Author : United Nations University
ISBN : MINN:31951D035324800
Genre :
File Size : 36.79 MB
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War And Democratization

Author : Wolfgang Merkel
ISBN : 9781317990352
Genre : Political Science
File Size : 79.74 MB
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Promotion of democracy in post-war and post-conflict societies became a topic during the 1990s. The book deals with the legality, legitimacy and effectiveness of military interventions where the international community of states not only felt impelled to engage in military humanitarian or peace-building missions but also in long-term state- and democracy-building. External actors particularly engaged in four modes, namely enforcing democratization by enduring post-war occupation (mode 1); restoring an elected government by military intervention (mode 2); intervening in on-going massacres and civil war with military forces (‘humanitarian intervention’) and thereby curbing the national sovereignty of those countries (mode 3) and forcing democracy on rogue states by ‘democratic intervention’, in other words democracy through war (mode 4). The contributions link juridical and philosophical reflections on just war ad bellum with empirical evidence post bellum in Afghanistan, Georgia, Serbia, Croatia, Cambodia and East Timor. All empirical analyses stress the complexity and difficulties to establish democracy in post-conflict societies driven or monitored by external actors. Such an endeavour implies a comprehensive agenda of political, social, and economic methods of peace-building. However, if external actors withdraw before the roots of democracy are deep enough and before democratic institutions are strong enough to stand alone, then the entire endeavour may fail. This book was originally published as a special issue of Democratization.
Category: Political Science

Force And Legitimacy In World Politics

Author : David Armstrong
ISBN : 0521691648
Genre : Philosophy
File Size : 76.74 MB
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A leading group of international authorities consider the issues surrounding the legitimation of force.
Category: Philosophy

Modern Written Arabic

Author : Arabic Language and Area School
ISBN : UCLA:31158012590351
Genre : Arabic language
File Size : 44.93 MB
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Category: Arabic language

Globalization And Sovereignty

Author : Jean L. Cohen
ISBN : 9781139560269
Genre : Political Science
File Size : 73.3 MB
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Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Category: Political Science

Heaven Has Eyes

Author : Xiaoqun Xu
ISBN : 9780190060046
Genre : China
File Size : 31.67 MB
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"A history of Chinese law and justice from the imperial era to the post-Mao era, the book addresses the evolution and function of law codes and judicial practices in China's long history, and examines the transition from traditional laws and practices to their modern counterparts in the twentieth century and beyond. From the ancient times to the twenty-first century, there has been an enduring expectation or hope among the Chinese people that justice should and will be done in society, which is expressed in a popular Chinese saying, "Heaven has eyes." To the Chinese mind in the imperial era, justice was, and was to be achieved as, an alignment of Heavenly reason, state law, and human relations. Such a conception did not change until the turn of the twentieth century when Western-derived notions--natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong, which was a fundamental shift in philosophical and moral principles that informed law and justice. The legal-judicial reform agendas since the beginning of the twentieth century (still ongoing today) stemmed from this change in the Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things that is much more difficult to accomplish, hence all the legal dramas including tragedies in the past one century or so. The book will lay out how and why that is the case"--
Category: China