The Reconstruction of the Juridico Political Affinity and Divergence in Hans Kelsen and Max Weber 1st Edition by Ian Bryan, Peter Langford, John McGarry – Ebook PDF Instant Download/Delivery: 9781136007767, 1136007768
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ISBN 10: 1136007768
ISBN 13: 9781136007767
Author: Ian Bryan, Peter Langford, John McGarry
Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber contests the conventional understanding of the theoretical relationship between Kelsen’s legal positivism and Weber’s sociology of law. Utilising the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume analyse central points of affinity and divergence in the work of these two influential figures. Thus, the chapters collected in The Reconstruction of the Juridico-Political offer a comprehensive reconsideration of these affinities and divergences, through a comparison of their respective reconstruction of the notions of democracy, the State, legal rights and the character of law. From this reconsideration a more complex understanding of their theoretical relationship emerges combined with a renewed emphasis upon the continued contemporary relevance of the work of Kelsen and Weber.
The Reconstruction of the Juridico Political Affinity and Divergence in Hans Kelsen and Max Weber 1st Table of contents:
Acknowledgements
Notes on contributors
Introduction: affinity and divergence
Part I Hans Kelsen, Max Weber and democracy
1 Führerprinzip and democracy in Weber and Kelsen
2 Democracy within pluralism: Hans Kelsen on civil society and civic friendship
Part II Hans Kelsen, Max Weber and the State
3 Max Weber’s conception of the State: the State as Anstalt and as validated conception with special reference to Kelsen’s critique of Weber
4 Kelsen reading Weber: is a sociological concept of the State possible?
5 Kelsen, Weber and the problem of the emergence of the State
Part III Hans Kelsen, Max Weber and rights
6 The State under the rule of law? The relationship of State and law in the work of Hans Kelsen and Georg Jellinek
7 Human rights and subjective rights: affinities in Max Weber and Georg Jellinek
Part IV Hans Kelsen, Max Weber and the character of law
8 Max Weber and Hans Kelsen: formal rationality and legitimacy of modern law
9 Using Weber’s and Kelsen’s schemas for legal history
Index
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Tags: Reconstruction, Juridico Political, Ian Bryan, Peter Langford, John McGarry


