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

Paperback | October 28, 1999

byDavid 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 legaland 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 politicalphilosophy, Heller's position is argued to be the most promising of the three.

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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 legaland political order in a crisis-ridden moder...

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

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Format:PaperbackPublished:October 28, 1999Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198298463

ISBN - 13:9780198298465

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Table of Contents

1. Legality and Legitimacy -- Refractions from Weimar2. Friend and Enemy: Schmitt and the Politics of Law3. The Pure Theory in Practice: Kelsen's Science of Law4. The Legitimacy of Legal Order: Hermann Heller's Legal Theory5. Lessons from Weimar: The Legitimacy of LegalityIndex

Editorial Reviews

`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