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Legality and Legitimacy

David Dyzenhaus
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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.
      Format: CONTRIBUTORS: David Dyzenhaus EAN: 9780198298465 COUNTRY: United Kingdom PAGES: WEIGHT: 437 g HEIGHT: 234 cm
      PUBLISHED BY: Oxford University Press DATE PUBLISHED: 1999-09-02 CITY: GENRE: LANGUAGE ARTS & DISCIPLINES / Linguistics / General, LAW / Legal History, PHILOSOPHY / Political, POLITICAL SCIENCE / History & Theory WIDTH: 156 cm SPINE:

      Book Themes:

      Methods, theory and philosophy of law

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      David Dyzenhaus is an Associate Professor of Law and Philosophy at the University of Toronto.
      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.
      Format: CONTRIBUTORS: David Dyzenhaus EAN: 9780198298465 COUNTRY: United Kingdom PAGES: WEIGHT: 437 g HEIGHT: 234 cm
      PUBLISHED BY: Oxford University Press DATE PUBLISHED: 1999-09-02 CITY: GENRE: LANGUAGE ARTS & DISCIPLINES / Linguistics / General, LAW / Legal History, PHILOSOPHY / Political, POLITICAL SCIENCE / History & Theory WIDTH: 156 cm SPINE:

      Book Themes:

      Methods, theory and philosophy of law

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      David Dyzenhaus is an Associate Professor of Law and Philosophy at the University of Toronto.

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