Philosophy, Social Theory, and the Rule of Law
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Philosophy, Social Theory, and the Rule of Law

  1. 419 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Philosophy, Social Theory, and the Rule of Law

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About This Book

This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are translated here played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Austria, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar Republic and the struggle for constitutionalism in Germany. This critical scrutiny of the Weimar jurisprudence of crisis offers an invaluable overview of the perils and promise of constitutional development in states that lack an entrenched tradition of constitutionalism.

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Yes, you can access Philosophy, Social Theory, and the Rule of Law by Arthur Jacobson, Bernhard Schlink, Arthur Jacobson,Bernhard Schlink in PDF and/or ePUB format, as well as other popular books in Philosophy & Political Philosophy. We have over one million books available in our catalogue for you to explore.

Information

Year
2001
ISBN
9780520929685
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Table of contents

  1. CONTENTS
  2. PREFACE
  3. TRANSLATION AND APPARATUS
  4. INTRODUCTION: CONSTITUTIONAL CRISIS: THE GERMAN AND THE AMERICAN EXPERIENCE
  5. PROLOGUE: THE SHATTERING OF METHODS IN LATE WILHELMINE GERMANY
  6. ONE: HANS KELSEN
  7. TWO: HUGO PREUSS
  8. THREE: GERHARD ANSCHÜTZ
  9. FOUR: RICHARD THOMA
  10. FIVE: HEINRICH TRIEPEL
  11. SIX: ERICH KAUFMANN
  12. SEVEN: RUDOLF SMEND
  13. EIGHT: HERMANN HELLER
  14. NINE: CARL SCHMITT
  15. EPILOGUE: THE DECLINE OF THEORY
  16. NOTES
  17. EDITORS AND CONTRIBUTORS
  18. COPYRIGHT ACKNOWLEDGMENTS
  19. INDEX