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Item Details
| Title:
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LEGALITY AND LEGITIMACY
CARL SCHMITT, HANS KELSEN, AND HERMANN HELLER IN WEIMAR |
| By: |
David Dyzenhaus |
| Format: |
Paperback |
| List price:
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£71.00 |
| Our price: |
£68.87 |
| Discount: |
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| You save:
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£2.13 |
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| ISBN 10: |
0198298463 |
| ISBN 13: |
9780198298465 |
| Availability: |
Usually dispatched within 1-3 weeks.
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| Stock: |
Currently 0 available |
| Publisher: |
OXFORD UNIVERSITY PRESS |
| Pub. date: |
2 September, 1999 |
| Pages: |
298 |
| Description: |
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. They 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. |
| Synopsis: |
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. |
| Publication: |
UK |
| Imprint: |
Oxford University Press |
| Returns: |
Returnable |
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