The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law, Eugen Ehrlich, is of a very high..

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. (shrink)

In this volume, Niklas Luhmann, the leading exponent of systems theory, explores its implications for our understanding of law. The volume provides a rigorous application to law of a theory that offers profound insights into the relationships between law and other aspects of contemporary society, including politics, the economy, the media, education, and religion.Readership: Academics and students of sociology, law, philosophy, and legal philosophy.

We live in a time of turbulent change when many of the frameworks that have characterized our societies over the last few centuries – such as the international order of sovereign nation-states – are being called into question. In this new volume of essays and interviews, Habermas focuses his attention on these processes of change and provides some of the resources needed to understand them. What kind of international order should we seek to create in our contemporary global age? How (...) should we understand the political project of Europe and how can the democratic deficit of the EU be overcome? How should we understand the relation between democracy as popular sovereignty, which has become the defining principle of political legitimacy in the modern world, and the idea of basic human rights embodied in the rule of law? Habermas brings his formidable powers of analysis and his distinctive theoretical perspective to bear on these and other key questions of the modern age. His analysis is shaped throughout by his commitment to informed public debate and his powerful advocacy of a postnational renewal of the project of constitutional democracy. _Time of Transitions_ will be essential reading for all students and scholars of sociology and politics, and it will be of interest to anyone concerned with the key social and political questions of our time. (shrink)

This book is the first to systematically introduce and apply a social constructivist perspective to the study of European integration. Social constructivism is carefully located in terms of its philosophical and methodological origins. The wider debates and contribution of constructivist approaches to international relations are reviewed, and the insights that might then be afforded to European studies fully explored. Highlights include: new theoretical contributions to the debate by Ernst B. Haas, Andrew Moravcsik and Steve Smith; research on key aspects of (...) European integration and EU governance applying a variety of constructivist approaches. The Social Construction of Europe provides new and important in. (shrink)

This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the state, about the character of the UK as a state, and about the juridical character of the European Union.

This work deals with legal pluralism in an emerging world society. It central thesis is that globalization of law tends to create a decentred law-making process which occurs in multiple sectors of civil society, independently of nation states. Technical standardization, professional rule production, human rights, intra-organizational regulation in multinational enterprises, contracting, arbitration and other institutions of lex mercatoria are forms of rule by private governments, claiming world-wide validity independently of the law of the nation states. They have come into existence (...) not by formal acts of nation states but by strange paradoxical acts of self-validation. (shrink)

Written in the intense political and intellectual tumult of the early years of the Weimar Republic, Political Theology develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial ...

This work represents Niklas Luhmann's definitive application of systems theory to the understanding of law. In it Luhmann reviews past attempts to create a theory of law and argues they all fail to capture how law operates in modern society. He presents an alternative, critical theory through analysing law as a system of communication.

This leading scholar draws on extensive research from four plurinational states - the United Kingdom, Spain, Belgium, and Canada - to provide a radical rethink of the very nature of sovereignty and the state. This innovative account demonstrates how transnational integration and other demands on the nation-state have broken the automatic link between state and nation, and goes on to provide a major new analysis of the subsequent challenges of recognition of nationality and democracy.

This is a translation of the afterword of Legality and Legitimacy, rewritten by Carl Schmitt in 1958 for his collection Verfassungsrechtliche Aufsätze aus den Jahren 1924–1954. In the afterword, Schmitt once again describes the situation in Germany in the early 1930’s, and argues against the influential German lawyers who rejected his interpretation of the Weimar Constitution. He rejects the wide-spread opinion that he wanted a state of emergency in Germany to be introduced, and insists that this book was his final (...) attempt to rescue the presidential republic of Weimar Germany. Schmitt then demonstrates the weakness of legal positivism and specifically stops at the several key points in his argument. First, according to Schmitt, the positivists did not know that legality, an unopposed form of the manifestation of legitimacy, had originally been an essential part of Western rationalism. Second, it is necessary to distinguish between the law and the sanctions because of their different legal statuses. This distinguishing is important because the legislative state was gradually becoming the administrative state. As a result, the governing institutions are more powerful than the parliamentary laws. Any parliamentary decision providing executive bodies relevant authority cannot be executed without an effective parliamentary majority. Thirdly, Schmitt explores the question of the so-called “premiums” for the legal possession of power. The afterword concludes with a brief overview of the situation at the end of the January 1933. The Publication includes the translator’s preface providing an overview of the main provisions of Schmitt's book, Legality and Legitimacy. (shrink)