The Language of Constitutional Comparison

The Language of Constitutional Comparison
Author: Venter, Francois
Publisher: Edward Elgar Publishing
Total Pages: 288
Release: 2022-03-04
Genre: Law
ISBN: 1800882580

In this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings.

The Life and Death of States

The Life and Death of States
Author: Natasha Wheatley
Publisher: Princeton University Press
Total Pages: 424
Release: 2023-06-13
Genre: History
ISBN: 0691244073

"Canonical theorists of sovereignty (Hobbes, Rousseau, and others) put the monopoly of power at the center of their definitions. These thinkers abstracted from western European experiences to universal norms. In the wake of their transformative contributions, states that did not fit the model appeared to be underdeveloped or deviant. Labels such as "provisional" or "irregular" rendered them irrelevant to theorizing and, worse, political problems that needed to be solved. One early "anomaly," says historian Natasha Wheatley, was the Habsburg Empire. Layered as it was with imperial, national, and regional sovereignty, its trajectory was not one of progress toward a unitary state. Instead, it encompassed compound polities, or states bundled together under experimental constitutional orders. Wheatley's aim in this book is to theorize from Central Europe to see how sovereignty can be produced in a complex world. In reconstructing this political and legal history, Wheatley treats Austria-Hungary as a crucible for modern legal theory. The serial remaking and eventual unmaking of imperial sovereigny in Central Europe showed how old-world dynastic conceptions of sovereignty were translated into abstract categories of modern legal thought. In so doing, she uncovers the irresolvable tensions and strategic silences in modern political theory: the presumed unity and timelessness of states. Eschewing explanations of "failure," she instead uncovers how the Central European experience crystallized legal questions that would arise again in the era of global decolonization, connecting the story of the end of empire to the birth of new nations throughout the twentieth century. In this respect, the work serves not only as a history of Central Europe but also a "prehistory" of the era of decolonization"--

Introduction to Political Science

Introduction to Political Science
Author: James Wilford Garner
Publisher:
Total Pages: 636
Release: 1910
Genre: Political science
ISBN:

Presents a collection of experiments exploring the properties of heat.

Carl Schmitt's State and Constitutional Theory

Carl Schmitt's State and Constitutional Theory
Author: Benjamin A. Schupmann
Publisher: Oxford University Press
Total Pages: 257
Release: 2017
Genre: History
ISBN: 0198791615

Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.

Jurisprudence

Jurisprudence
Author: Roscoe Pound
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 3254
Release: 2000
Genre: Law
ISBN: 1584771194

v. 1. Jurisprudence. The end of law -- v. 2. The nature of law -- v. 3. The scope and subject matter of law. Sources, forms, modes of growth -- v. 4. Application and enforcement of law. Analysis of general juristic conceptions -- v. 5. The system of law.

Max Weber's Theory of the Modern State

Max Weber's Theory of the Modern State
Author: A. Anter
Publisher: Springer
Total Pages: 263
Release: 2014-02-19
Genre: Political Science
ISBN: 1137364904

Andreas Anter reconstructs Max Weber's theory of the modern state, showing its significance to contemporary political science. He reveals the ambivalence of Weber's political thought: the oscillation between an étatiste position, mainly oriented to the reason of state, and an individualistic one, focussed on the freedom of individuals

From Empire to Union

From Empire to Union
Author: Jo Eric Murkens
Publisher: Oxford University Press, USA
Total Pages: 272
Release: 2013-01-17
Genre: Law
ISBN: 0199671885

Examining the modern development of German constitutional thought, this book traces the key public law concepts of state, constitution, sovereignty, and democracy from their emergence in the 19th century through to the present day. It analyses the fraught constitutional relationship between Germany and the EU from a sociological perspective.

Law as Institution

Law as Institution
Author: Massimo La Torre
Publisher: Springer Science & Business Media
Total Pages: 276
Release: 2010-08-13
Genre: Philosophy
ISBN: 1402066074

This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, “general theories of law struggle to do justice to the 1 multiple dualities of the law”. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate moments.

The World's Legal Philosophies

The World's Legal Philosophies
Author: Fritz Berolzheimer
Publisher:
Total Pages: 560
Release: 1912
Genre: Law
ISBN:

The present volume is the second of his five-volume work published by Beck at Munich (1904-1907) under the title 'System der rechts- und wirtschaftsphilosophie.'