LEGALITY AND LEGITIMACY

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Legality And Legitimacy

Author : Carl Schmitt
ISBN : 9780822385769
Genre : Law
File Size : 63.96 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

Hans Kelsen S Pure Theory Of Law

Author : Lars Vinx
ISBN : 9780199227952
Genre : Law
File Size : 58.57 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 In Global Affairs

Author : Richard Falk
ISBN : 9780199781584
Genre : History
File Size : 71.98 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 : 41.46 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

Legality And Legitimacy

Author : David Dyzenhaus
ISBN : UOM:39015040612569
Genre : Germany
File Size : 89.62 MB
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The relationship between law and legitimacy is investigated in this book. The legal theories of three eminent public lawyers of the Weimar era are analyzed and the problems they address of legal and political order in a crisis-ridden modern society remain relevant to contemporary legal debates.
Category: Germany

Legality And Legitimacy

Author : David Dyzenhaus
ISBN : 9780198298465
Genre : Law
File Size : 22.91 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

Force And Legitimacy In World Politics

Author : David Armstrong
ISBN : 0521691648
Genre : Philosophy
File Size : 57.64 MB
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A leading group of international authorities consider the issues surrounding the legitimation of force.
Category: Philosophy

Globalization And Sovereignty

Author : Jean L. Cohen
ISBN : 9780521765855
Genre : Law
File Size : 49.6 MB
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Examines the way in which globalisation has affected our thinking about sovereignty, human rights, law and legitimacy.
Category: Law

Legitimacy In International Law

Author : Rüdiger Wolfrum
ISBN : 3540777644
Genre : Law
File Size : 43.32 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

Law S Community

Author : Roger Cotterrell
ISBN : 0198264909
Genre : Law
File Size : 53.96 MB
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Law's Community offers a distinctive analysis of law, identifying political and moral problems that are fundamental to contemporary legal theory. It portrays contemporary law as institutionalized doctrine, emphasizing ways in which legal modes of thought influence wider currents ofunderstanding and belief in contemporary Western societies. Exploring relationships between law and sociology as contrasting and competing fields of knowledge, Law's Community develops ideas from social theory to identify key problems for legal development; in particular, those of restoring moralauthority to law and of elaborating a concept of community that can guide legal regulation. The analysis leads to radical conclusions: among them, that law's functions need reconsideration at the most general level, that a unitary state legal system as portrayed in traditional kinds of legal theorymay no longer be adequate in complex contemporary societies, and that law should be reconceptualized as a diverse but co-ordinated plurality of systems, sites, and forms of regulation.
Category: Law