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The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber

The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber

Author: Ian Bryan, Langford. Peter; John McGarry
Publisher: Routledge
ISBN: 9781138091283

Published In: June 2017
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780415524827

List Price: RMB 606.21

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Description
Contents

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Focusing upon the elaboration of the concept of the juridico-political in the work of Hans Kelsen and Max Weber, this book provides an important re-assessment of the usual distinction between legal positivism and the sociology of law. The work of Kelsen and Weber is conventionally understood as representing these two radically distinct approaches to the study of law. Through an consideration of their respective elaborations of the juridico-political, the contributors to this volume re-examine this assumption: exploring the convergences and divergences in Kelsen's and Weber's interventions in the fields of political philosophy, political sociology and legal history, as well as in their respective conceptions of modernity, and of the legitimacy and effectiveness of law.

In uncovering the complexity of the relationship between Kelsen and Weber, The Reconstruction of the Juridico-Political places into question the conventional division between legal positivism and the sociology of law. It offers a new and more nuanced understanding of the possibilities of a renewed dialogue between these two approaches.

Introduction

Part 1: Hans Kelsen, Max Weber and Political Philosophy

Chapter 1 'The concept of power in Kelsen and Weber', Yves-Charles Zarka

Chapter 2 'Weber, Kelsen and the concept of compromise', Marcus Llanque

Chapter 3 'Weber, Kelsen and the idea of justice', Sandro Chignola

Part 2: Hans Kelsen, Max Weber and Political Sociology: Chapter 4 'Disenchantments. Weber's Political Sociology as Kelsen's Intervention within the First Austrian Republic', Tamara Ehs

Chapter 5 'Kelsen, Weber and the problem of democratic legitimacy', Christoph Schonberger

Chapter 6. 'Weber and Kelsen: Understanding the State', Hubert Treiber & Horst Dreier

Chapter 7 'A Sociological or a juridical definition of the state: the impossible dialogue between Kelsen and Weber', Catherine Colliot-Thelene

Chapter 8 'The man of mass democracy in Max Weber's and Hans Kelsen's juridico-political thought and the problem of the contemporary phenomenon of a glocalised New Man', Pierangelo Schiera

Part 3: Hans Kelsen, Max Weber and Legal History: Chapter 9 'Stammler in the critique of Weber and Kelsen', Agostino Carrino

Chapter 10 'Is Legal History, According to Weberian Schemes, Consistent wih Kelsen's Theory of Law?', Jean-Louis Halperin

Part 4: Hans Kelsen, Max Weber and the limits of the concept of the juridico-political: Chapter 11 'The Representative Principle in Weber and Kelsen', Antonio Scalone

Chapter 12 'Legal Rights in Kelsen and Weber', Massimo La Torre

Chapter 13 'Static and Dynamic. A Sociological Theory of Legal Validity', Gregor Fitzi

Chapter 14 'Legal Sociology in a Normativistic Perspective', Otto Pfersmann

Chapter 15 'The Pure Theory as a sociological analysis', Michel Troper

Conclusion