Law

Legality and Legitimacy

Author: Carl Schmitt

Publisher: Duke University Press

ISBN:

Category: Law

Page: 211

View: 782

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.
Law

Hans Kelsen's Pure Theory of Law

Author: Lars Vinx

Publisher: Oxford University Press, USA

ISBN:

Category: Law

Page: 230

View: 499

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.
History

Legality and Legitimacy in Global Affairs

Author: Richard Falk

Publisher: OUP USA

ISBN:

Category: History

Page: 459

View: 368

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.
History

The Legality and Legitimacy of the Use of Force in Northeast Asia

Author: Brendan Howe

Publisher: BRILL

ISBN:

Category: History

Page: 306

View: 108

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.
Germany

Legality and Legitimacy

Author: David Dyzenhaus

Publisher: Oxford : Clarendon Press

ISBN:

Category: Germany

Page: 283

View: 351

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.
Law

Legality and Legitimacy

Author: David Dyzenhaus

Publisher: Oxford University Press

ISBN:

Category: Law

Page: 283

View: 659

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.
Philosophy

Force and Legitimacy in World Politics

Author: David Armstrong

Publisher: Cambridge University Press

ISBN:

Category: Philosophy

Page: 266

View: 780

A leading group of international authorities consider the issues surrounding the legitimation of force.
Law

Legality and Legitimacy

Author: Samantha Ashenden

Publisher: Nomos Verlagsgesellschaft Mbh & Company

ISBN:

Category: Law

Page: 342

View: 248

The question about the relation between legality and political legitimacy is both one of the basic questions of modern legal and political philosophy and one of the most important problems in theoretical sociology. This volume brings together the work of a number of internationally prominent legal theorists, political theorists, sociologists, historians, and philosophers - all of whom have worked extensively on the conceptual analysis of law and power - in order to address and illuminate this central question of the social sciences. The book proposes and elaborates paradigms that traverse conventional disciplinary boundaries. It combines sociological and normative/deductive patterns of analysis in order to capture the legitimatory foundations of modern societies and to account for the transformation of the classical foundations of political legitimacy in recent decades. It proposes new and challenging paradigms for analyzing the legal sources of legitimate power both in the historical formation of modern societies and in the present.
Law

Legitimacy in International Law

Author: Rüdiger Wolfrum

Publisher: Springer Science & Business Media

ISBN:

Category: Law

Page: 422

View: 228

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.
Law

Globalization and Sovereignty

Author: Jean L. Cohen

Publisher: Cambridge University Press

ISBN:

Category: Law

Page: 442

View: 150

Examines the way in which globalisation has affected our thinking about sovereignty, human rights, law and legitimacy.