Legal positivism, institutionalism and globalisation
Author(s)
Bibliographic Information
Legal positivism, institutionalism and globalisation
（Vienna lectures on legal philosophy, v. 1）
Hart, 2020, c2018
- : pbk
Available at 1 libraries
Note
First published in hardback, 2018
Includes index
Description and Table of Contents
Description
The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a 'postnational constellation' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.
Table of Contents
1. The Germ of Law
Christoph Kletzer
2. Legal Monism: An American History
Michael S Green
3. Why Read Carl Schmitt?
Martin Loughlin
4. States of Emergency Beyond the Nation State?
William E Scheuerman
5. Scattered Critical Observations around Legal Philosophy and Legal Theory in France
Otto Pfersmann
6. State and Trade in the Twenty-First Century
Dennis Patterson and Ari Afi lalo
7. The Rule of Law, Legitimate Authority and Constitutionalism
Mattias Kumm
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