
As an Amazon Associate and affiliate partner, Menrva Books earns from qualifying purchases. Learn more
This study looks at one of the oldest questions in legal philosophy--the relationship between law and legitimacy. Dyzenhaus analyzes the legal theories of three eminent public lawyers of the Weimar era whose theories addressed the problems of legal and political order in a crisis-ridden modern society and demonstrates their relevance to contemporary debates.
This book investigates the fundamental tension between legal positivism and political legitimacy by examining the competing theories of three prominent Weimar-era jurists. David Dyzenhaus, a legal scholar, utilizes the historical context of the Weimar Republic to dissect how Carl Schmitt, Hans Kelsen, and Hermann Heller navigated the collapse of constitutional order. By contrasting their divergent approaches to the rule of law, the author constructs a framework for understanding how legal systems maintain authority during periods of profound societal instability and political crisis.
What You Will Find
Legal scholars and historians frequently cite this work as a definitive analysis of the intellectual landscape of Weimar jurisprudence. Experts highlight the text for its rigorous academic density and its success in bridging the gap between historical legal theory and modern political philosophy.
Page Count:
304
Publication Date:
1999-11-18
Publisher:
Oxford University Press
ISBN-10:
0198298463
ISBN-13:
9780198298465
No comments yet. Be the first to share your thoughts!