Der Einfluss deutscher Emigranten auf die Rechtsentwicklung in den USA und in Deutschland PDF Download

Author: Marcus Lutter
Publisher: Mohr Siebeck
ISBN: 9783161460807
Category : Law
Languages : en
Pages : 596

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Author: Violetta L. Waibel
Publisher: V&R Unipress
ISBN: 3847004816
Category : Philosophy
Languages : en
Pages : 630

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"Detours" explores the reception of Kant's works in Vienna, Austria and Eastern Europe from a historical point of view and focuses on six topics: Kant and Censorship, Kant and Karl Leonhard Reinhold, who was the first Kantian born in Vienna and became a precursor for German and Austrian Kant reception in Jena, Kant and Eastern Europe, Kant and his Poets, Kant and Phenomenology and Kant and the Vienna Circle. In this way, the ambivalent perception of Kant in Austria becomes clearer: On the one hand Kant was censored and criticized harshly but on the other hand Kant's philosophy was studied actively in the "underground".

Author: Luís Duarte d'Almeida
Publisher: Bloomsbury Publishing
ISBN: 1782252479
Category : Law
Languages : en
Pages : 281

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Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.

Author: H. Kelsen
Publisher: Springer Science & Business Media
ISBN: 940102653X
Category : Philosophy
Languages : en
Pages : 328

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Book Description
In his choice of texts, the Editor has been faced with the difficult task of selecting, from among the author's more than 600 publications, those of the greatest philosophical interest. It is chiefly the topics of value-rela tivism and the logic of norms that have been kept in view. The selection has also been guided by the endeavour to reprint, so far as possible, texts which have not hitherto appeared in English. At times, however, this aim has had to be discarded, in order to include works of key im portance and also the latest expressions of Kelsen's view. In addition to the two topics already mentioned, the Editor has con sidered Kelsen's discussions of the causal principle to be so far worthy of philosophical attention, that some writings on causality and account ability have been included in this collection of philosophical studies. OTA WEINBERGER Hans Kelsen died on April 19th, 1973. Only his work now lives, for the inspiration of future generations of jurists and philosophers. Graz, 25th April, 1973 OT A WEINBERGER TRANSLATOR'S NOTE I am obliged to the Editor for his careful scrutiny of the translation, which has led to a number of corrections and improvements in the text.

Author: Jochen von Bernstorff
Publisher: Cambridge University Press
ISBN: 1139488589
Category : Law
Languages : en
Pages : 343

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This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.

Author: Enrico Pattaro
Publisher: Springer Science & Business Media
ISBN: 1402035055
Category : Philosophy
Languages : en
Pages : 2015

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This paperback edition of the first of the twelve volumes of A Treatises of Legal Philosophy and General Jurisprudence, serves as an introduction to the first-ever multivolume treatment of all important issues in legal philosophy and general jurisprudence, consisting of a five-volume theoretical part and a six-volume historical part. The theoretical part covers the main topics of contemporary debate. The historical volumes trace the development of legal thought from ancient Greek times through the twentieth century. All volumes are edited by the renowned theorist Enrico Pattaro.

Author: Gianfrancesco Zanetti
Publisher: Springer Nature
ISBN: 3031195507
Category : Law
Languages : en
Pages : 303

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This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.

Author: Alessandro Salice
Publisher: Springer
ISBN: 3319276921
Category : Philosophy
Languages : en
Pages : 375

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This volume features fourteen essays that examine the works of key figures within the phenomenological movement in a clear and accessible way. It presents the fertile, groundbreaking, and unique aspects of phenomenological theorizing against the background of contemporary debate about social ontology and collective intentionality. The expert contributors explore the insights of such thinkers as Martin Heidegger, Edmund Husserl, Adolf Reinach, and Max Scheler. Readers will also learn about other sources that, although almost wholly neglected by historians of philosophy, testify to the vitality of the phenomenological tradition. In addition, the contributions highlight the systematic relevance of phenomenological research by pinpointing its position on social ontology and collective intentionality within the history of philosophy. By presenting phenomenological contributions in a scholarly yet accessible way, this volume introduces an interesting and important perspective into contemporary debate insofar as it bridges the gap between the analytical and the continental traditions in social philosophy. The volume provides readers with a deep understanding into such questions as: What does it mean to share experiences with others? What does it mean to share emotions with friends or to share intentions with partners in a joint endeavor? What are groups? What are institutional facts like money, universities, and cocktail parties? What are values and what role do values play in social reality?

Author: Paul Gragl
Publisher: Oxford University Press
ISBN: 0192516078
Category : Law
Languages : en
Pages : 360

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Book Description
In response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. Drawing on philosophical, epistemological, legal, moral, and political arguments, this book argues that only monism under the primacy of international law takes the law and the concept of legal validity seriously. On a practical level, it offers policy-makers and decision-makers methods of dealing with current problems and a means to restore respect for international law and peaceful international relations. While having the potential to revive and elicit further interest and research in monism and the Pure Theory of Law, the comprehensiveness and scope of the book also make it a choice text for inter-disciplinary scholars.

Author: Mónica García-Salmones Rovira
Publisher: Oxford University Press
ISBN: 0199685207
Category : History
Languages : en
Pages : 449

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Book Description
"This book analyses international legal positivists' desire to emulate the success of the empirical methods applied in the biological and physical sciences; their wish to work with law with the certainty that natural facts started to provide as the natural sciences method developed". -- PREFACE.