Legality and Legitimacy: Carl Schmitt, Hans Kelsen and Hermann Heller in Weimar
By: David Dyzenhaus (author)Paperback
Only 1 in stock
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.
David Dyzenhaus is an Associate Professor of Law and Philosophy at the University of Toronto.
1. Legality and Legitimacy - Refractions from Weimar ; 2. Friend and Enemy: Schmitt and the Politics of Law ; 3. The Pure Theory in Practice: Kelsen's Science of Law ; 4. The Legitimacy of Legal Order: Hermann Heller's Legal Theory ; 5. Lessons from Weimar: The Legitimacy of Legality ; Index
Number Of Pages:
- ID: 9780198298465
- Saver Delivery: Yes
- 1st Class Delivery: Yes
- Courier Delivery: Yes
- Store Delivery: Yes
Prices are for internet purchases only. Prices and availability in WHSmith Stores may vary significantly
© Copyright 2013 - 2017 WHSmith and its suppliers.
WHSmith High Street Limited Greenbridge Road, Swindon, Wiltshire, United Kingdom, SN3 3LD, VAT GB238 5548 36