Read complete books and articles on: Hans Kelsen

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10 of the Best Books and Articles on: Hans Kelsen

as selected by Questia librarians

1.

Normativity and Norms: Critical Perspectives on Kelsenian Themes » Read Now
by Bonnie Litschewski Paulson, Stanley L. Paulson. 627 pgs.

Collections: Philosophy, Entire Library

This remarkable collection contains some of the very best work on themes developed by Hans Kelsen, regarded by many as the most influential legal philosopher of the twentieth century. The volume addresses in rich detail the topic where debate on Kelsen's work has been liveliest: 'normativity' as...
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This remarkable collection contains some of the very best work on themes developed by Hans Kelsen, regarded by many as the most influential legal philosopher of the twentieth century. The volume addresses in rich detail the topic where debate on Kelsen's work has been liveliest: 'normativity' as Kelsen's alternative to both traditional legal positivism and natural law theory. The book boasts a truly international list of contributors, with authors from Europe, North and South America, and Australia - a dozen countries in all.
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2.

Introduction to the Problems of Legal Theory » Read Now
by Hans Kelsen. 172 pgs.

Collections: Philosophy, Entire Library

One of the leading legal philosophers of this century, Kelsen published this short treatise in 1934, when the neo-Kantian influence on his work was at its zenith. An earlier, "constructivist" phase had been displaced by his effort to provide something approximating a neo-Kantian foundation for his...
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One of the leading legal philosophers of this century, Kelsen published this short treatise in 1934, when the neo-Kantian influence on his work was at its zenith. An earlier, "constructivist" phase had been displaced by his effort to provide something approximating a neo-Kantian foundation for his theory. If this second phase represents the Pure Theory of Law in its most characteristic form, then the present treatise may well be its central text. And of Kelsen's many statements of the Pure Theory, this one is surely the most accessible. Topics covered include the legal norm and Kelsen's normativity thesis, law and morality, the role of ideology, the concept of the legal person, legal interpretation, the identity of law and state, and the theory of international law. Among the appendices is an annotated bibliography of secondary literature on Kelsen.
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3.

The Communist Theory of Law » Read Now
by Hans Kelsen. 206 pgs.

Collections: Entire Library
4.

Weimar: A Jurisprudence of Crisis » Read Now
by Arthur J. Jacobson, Bernhard Schlink. 405 pgs.

Collections: History, Entire Library

This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar...
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This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law.
Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are translated here played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Austria, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar Republic and the struggle for constitutionalism in Germany. This critical scrutiny of the Weimar jurisprudence of crisis offers an invaluable overview of the perils and promise of constitutional development in states that lack an entrenched tradition of constitutionalism.
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5.

Legality and Legitimacy: Carl Schmitt, Hans Kelsen and Hermann Heller in Weimar » Read Now
by David Dyzenhaus. 290 pgs.

Collections: Entire Library

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...
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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.
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6.

Popular Sovereignty and the Crisis of German Constitutional Law: The Theory & Practice of Weimar Constitutionalism (Chap. 2 "Hans Kelsen and Carl Schmitt In The Empire" and Chap. 4 "The Paradoxical Foundations of Constitutional Democracy: Hans Kelsen and Carl Schmitt in the Weimar Republic") » Read Now
by Peter C. Caldwell. 304 pgs.

Collections: Entire Library
7.

The Concept of a Legal System: An Introduction to the Theory of Legal System (Chap. 5 "Kelsen's Theory of Legal System") » Read Now
by Joseph Raz. 245 pgs.

Collections: Entire Library

...What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do...
8.

The Authoritarian State: An Essay on the Problem of the Austrian State (Chap. 6 "Kelsen's Pure Theory of Law and the Problem of an Austrian Theory of the State") » Read Now
by Ruth Hein, Erika Weinzierl, Gilbert Weiss. 396 pgs.

Collections: Philosophy, Entire Library

A radical critique of Hans Kelsen's pure theory of law lies at the heart of this work, marking Voegelin's definitive departure from Neo-Kantian epistemology. For the first time, Voegelin elaborates on the important distinction between theoretical concepts and political symbols as a basis for...
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A radical critique of Hans Kelsen's pure theory of law lies at the heart of this work, marking Voegelin's definitive departure from Neo-Kantian epistemology. For the first time, Voegelin elaborates on the important distinction between theoretical concepts and political symbols as a basis for explaining the nontheoretical and speculative character of ideologies, both left and right. He shows that total and authoritarian are symbols of ideological self-interpretation that have no theoretical value, a distinction basic to his later work in The New Science of Politics.
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9.

The Gentle Civilizer of Nations: The Rise and Fall of International Law, 1870-1960 (Chap. 3 "International Law as Philosophy: Germany 1871-1933") » Read Now
by Martti Koskenniemi. 569 pgs.

Collections: History, Entire Library

Koskenniemi traces the emergence of a liberal sensibility relating to international matters in the late 19th century, and its subsequent decline after the Second World War. He combines legal analysis, historical and political critique and semi-biographical studies of key figures, including Hersch...
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Koskenniemi traces the emergence of a liberal sensibility relating to international matters in the late 19th century, and its subsequent decline after the Second World War. He combines legal analysis, historical and political critique and semi-biographical studies of key figures, including Hersch Lauterpacht, Carl Schmitt and Hans Morgenthau. Finally, his discussion of legal and political realism at American law schools ends in a critique of post-1960 "instrumentalism". This wide-ranging study provides a unique reflection on the future of critical international law.
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10.

The Pure Theory as Ideal Type: Defending Kelsen on the Basis of Weberian Methodology, in Yale Law Journal » Read Now
by Dhananjai Shivakumar. 32 pgs.

Collections: Philosophy, Entire Library