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Legality and Legitimacy : Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar - David Dyzenhaus

Legality and Legitimacy

Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar

Paperback

Published: 1st October 1999
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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.

`Dyzenhaus's ... reflections on Schmitt's constitutional position are nuanced and insightful. ... This book also deserves broad attention because of the way in which it relocates Hermann Heller at the centre-stage of Weimar political debate. ... shows a breadth of historical and sociological knowledge which is unusual amongst legal theorists and historians ...' History of European Ideas 26 (2000) 225-264 `Dyzenhaus's ... reflections on Schmitt's constitutional position are nuanced and insightful. ... This book also deserves broad attention because of the way in which it relocates Hermann Heller at the centre-stage of Weimar political debate. ... shows a breadth of historical and sociological knowledge which is unusual amongst legal theorists and historians ...' History of European Ideas 26 (2000) 225-264 `The subtle contours ... will repay careful and sustained reading ... scholarly and well written ... a powerful antidote to the sad apologetics still being pandered by those who have sought to promote the work of one of fascism's most intelligent theorists.' Mark Neocleous, Radical Philosophy, jul-aug 99

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 Index

ISBN: 9780198298465
ISBN-10: 0198298463
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 298
Published: 1st October 1999
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 23.4 x 15.7  x 1.6
Weight (kg): 0.43