Legality and legitimacy : Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar
Author(s)
Bibliographic Information
Legality and legitimacy : Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar
Clarendon Press, c1997
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Note
Bibliography: p.[259]-268
Includes index
Description and Table of Contents
Description
This work investigates one of the oldest questions of legal philosophy - the relationship between law and legitimacy. It analyzes 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 consitutional crisis to which he responded. He also points out the severe 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.
Table of Contents
1: Legality and Legitimacy -- Refractions from Weimar. 2: Friend and Enemy: Schmitt and the Politics of Law. 3: The Pure Theory in Practice: Kelsen's Science of Law. 4: The Legitimacy of Legal Order: Hermann Heller's Legal Theory. 5: Lessons from Weimar: The Legitimacy of Legality
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