• Author: Carl Schmitt
• Publisher: Duke University Press
• ISBN: 0822385767
• Category: Law
• Page: 211
• View: 8920

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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.

Legality and Legitimacy

• Author: Lars Vinx
• Publisher: Oxford University Press, USA
• ISBN: 0199227950
• Category: Law
• Page: 230
• View: 6597

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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.

• Author: Richard Falk,Mark Juergensmeyer,Vesselin Popovski
• Publisher: OUP USA
• ISBN: 0199781583
• Category: History
• Page: 459
• View: 7386

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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.

Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar

• Author: David Dyzenhaus
• Publisher: Oxford : Clarendon Press
• ISBN: N.A
• Category: Germany
• Page: 283
• View: 3674

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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.

• Author: Brendan Howe,Boris Kondoch
• Publisher: BRILL
• ISBN: 9004249052
• Category: History
• Page: 306
• View: 1134

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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.

Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar

• Author: David Dyzenhaus
• Publisher: Oxford University Press
• ISBN: 0198298463
• Category: Law
• Page: 283
• View: 3109

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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.

Normative and Sociological Approaches

• Author: Samantha Ashenden,Christopher J. Thornhill
• Publisher: Nomos Verlagsgesellschaft Mbh & Company
• ISBN: 9783832953546
• Category: Law
• Page: 342
• View: 1629

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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.

• Author: David Armstrong,Theo Farrell,Bice Maiguashca
• Publisher: Cambridge University Press
• ISBN: 9780521691642
• Category: Philosophy
• Page: 266
• View: 9065

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

Rethinking Legality, Legitimacy, and Constitutionalism

• Author: Jean L. Cohen
• Publisher: Cambridge University Press
• ISBN: 0521765854
• Category: Law
• Page: 442
• View: 8706

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

An Interactional Account

• Author: Jutta Brunnée,Stephen J. Toope
• Publisher: Cambridge University Press
• ISBN: 1139491474
• Category: Law
• Page: N.A
• View: 732

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It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.