Legality and Legitimacy ' Carl Schmitt, Hans Kelsen and Hermann Heller in Weimar '

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. "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."--Résumé de l'éditeur Title_PagesCarl_Schmitt_Hans_Kelsen_and_Hermann_Heller_in_Weimar Dedication Reference_Policy Preface Acknowledgements Legality_and_Legitimacy_Refractions_from_Weimar Friend_and_Enemy_Schmitt_and_the_Politics_of_Law The_Pure_Theory_in_Practice_Kelsens_Science_of_Law The_Legitimacy_of_Legal_Order_Hellers_Legal_Theory Lessons_from_Weimar_The_Legitimacy_of_Legality Bibliography Index Пустая страница Пустая страница
This study looks at one of the oldest questions in legal philosophy--the relationship between law and legitimacy. Dyzenhaus analyzes the legal theories of three eminent public lawyers of the Weimar era whose theories addressed the problems of legal and political order in a crisis-ridden modern society and demonstrates their relevance to contemporary debates. This book investigates one of the oldest questions of legal philosophy -- the relationship between law and legitimacy. It analyses the legal theories of three public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller. The relationship between legality and legitimacy is one of the most important themes in legal and political philosophy.