General Theory of Law and State

General Theory of Law and State

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

Published: 1999

Total Pages: 542

ISBN-13: 1886363749

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Classic work by a noted Austrian jurist, Hans Kelsen [1881-1973] in which he advances his theories of the pure nature of law and of the state as separate from a philosophy of justice. The appendix includes an analysis of the natural law doctrine in its opposition to legal positivism.


General Theory of Law and State

General Theory of Law and State

Author: Hans Kelsen

Publisher: Routledge

Published: 2017-07-05

Total Pages: 868

ISBN-13: 1351517988

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Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law", - within which the study of international law was his special field of work. The present volume, "General Theory of Law and State", first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence. The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories, "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries". Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, "General Theory of Law and State" is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German. The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.


Pure Theory of Law

Pure Theory of Law

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

Published: 2005

Total Pages: 366

ISBN-13: 1584775785

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Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.


General Theory of Norms

General Theory of Norms

Author: Hans Kelsen

Publisher: Oxford [England] : Clarendon Press

Published: 1991

Total Pages: 536

ISBN-13:

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Hans Kelsen is considered by many to be the foremost legal thinker of the twentieth century. During the last decade of his life he was working on what he called a general theory of norms. Published posthumously in 1979 as Allgemeine Theorie der Normen, the book is here translated for the first time into English. Kelsen develops his "pure theory of law" into a "general theory of norms", and analyzes the applicability of logic to norms to offer an original and extreme position which some have called "normative irrationalism". Examining the views of over 200 philosophers and legal theorists on law, morality, and logic, and revising several of his own earlier positions, Kelsen's final work is a mandatory resource for legal and moral philosophers.


The General Theory of Law and Marxism

The General Theory of Law and Marxism

Author: Evgeny Pashukanis

Publisher: Routledge

Published: 2017-09-04

Total Pages: 272

ISBN-13: 1351482343

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E. B. Pashukanis was the most significant contemporary to develop a fresh, new Marxist perspective in post-revolutionary Russia. In 1924 he wrote what is probably his most influential work, The General Theory of Law and Marxism. In the second edition, 1926, he stated that this work was not to be seen as a final product but more for ""self-clarification"" in hopes of adding ""stimulus and material for further discussion."" A third edition was printed in 1927.Pashukanis's ""commodity-exchange"" theory of law spearheaded a perspective that traced the form of law, not to class interests, but to capital logic itself. Until his death, he continued to argue for the ideal of the withering away of the state, law, and the juridic subject. He eventually arrived at a position contrary to Stalin's who, at that time, was attempting to consolidate and strengthen the state apparatus under the name of the dictatorship of the proletariat. Inevitably, Pashukanis was branded an enemy of the revolution in January 1937. His works were subsequently removed from soviet libraries. In 1954, Pashukanis was ""rehabilitated"" by the Soviets and restored to an acceptable position in the historical development of marxist law.In Europe and North America, a number of legal theorists only rediscovered Pashukanis's work in the late 1970s. They subjected it to careful critical analysis, and realized that he offered an alternative to the traditional Marxist interpretations, which saw law simply and purely as tied to class interests of domination. By the mid-1980s the instrumental Marxist perspective in vogue in Marxist sociology, criminology, politics, and economics gave way, to a significant extent due to Pashukanis's insights, to a more structural Marxist accounting of the relationship of law to economics and other social spheres.In his new introduction, Dragan Milovanovic discusses the life of Pashukanis, Marx and the commodity-exchange theory of law, and the historical lessons of Pashukanis's work. This bo


Law and Development

Law and Development

Author: Yong-Shik Lee

Publisher: Routledge

Published: 2018-10-03

Total Pages: 199

ISBN-13: 1351368087

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The book examines the theory and practice of law and development. It reviews the evolution of law and development studies and presents a general theory of law and development. The general theory sets the conceptual parameters of "law" and "development" and explains the mechanisms by which law impacts development. In the second part, the book applies the general theory to analyze the development cases of South Korea and South Africa from legal and institutional perspectives. The book also adopts, for the first time, the law and development approaches to analyze the economic issues of the United States. It discusses why it is critical to develop the Analytical Law and Development Model or "ADM."


The General Theory of Employment, Interest, and Money

The General Theory of Employment, Interest, and Money

Author: John Maynard Keynes

Publisher: Springer

Published: 2018-07-20

Total Pages: 430

ISBN-13: 3319703447

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This book was originally published by Macmillan in 1936. It was voted the top Academic Book that Shaped Modern Britain by Academic Book Week (UK) in 2017, and in 2011 was placed on Time Magazine's top 100 non-fiction books written in English since 1923. Reissued with a fresh Introduction by the Nobel-prize winner Paul Krugman and a new Afterword by Keynes’ biographer Robert Skidelsky, this important work is made available to a new generation. The General Theory of Employment, Interest and Money transformed economics and changed the face of modern macroeconomics. Keynes’ argument is based on the idea that the level of employment is not determined by the price of labour, but by the spending of money. It gave way to an entirely new approach where employment, inflation and the market economy are concerned. Highly provocative at its time of publication, this book and Keynes’ theories continue to remain the subject of much support and praise, criticism and debate. Economists at any stage in their career will enjoy revisiting this treatise and observing the relevance of Keynes’ work in today’s contemporary climate.


General Theory of Law

General Theory of Law

Author: N. M. Korkunov

Publisher: Forgotten Books

Published: 2015-06-26

Total Pages: 556

ISBN-13: 9781330403488

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Excerpt from General Theory of Law In the year 1905 there came into my hands a catalogue of a Paris publisher in which was advertised an International Library of Public Law. The English and American works were excellent selections. My attention was attracted to the fact that these French publishers of "international" books, in whose own country Boistel's work had lately appeared, and where Fouilleé and Renouvier were still writing, had taken for their work on General Theory of the Law that of a Russian writer of whom I had never heard. The whole field of English, German, and Italian theorists seemed to be passed by, in thus going outside of France, by these French publishers who were, evidently, seeking the best works in their several departments. The curiosity thus excited resulted in an order for the French version. It was found to have a preface by Prof. Larnaude of the University of Paris, sketching briefly the development of legal theory in Western Europe and England in late years, and justifying the selection of Prof. Korkunov's work, as representing most fully the tendencies of that development, notwithstanding the "æuvres maitresses" in France, Germany, England and Belgium, which the Paris professor cited. The book, on examination, seemed to justify its selection, and Prof. Larnaude's declaration that it is not a "simple reflection of German science," but that "it has originality of its own, and above all a surprising clearness of form and expression." Another statement of Prof. Larnaude's preface was entirely justified by the French copy. "They (the readers) will make some discoveries not lacking in interest. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


A General Theory of Authority

A General Theory of Authority

Author: Yves R. Simon

Publisher: Pickle Partners Publishing

Published: 2019-07-23

Total Pages: 115

ISBN-13: 1789126967

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A General Theory of Authority was first printed in 1962 and is a classic treatment of authority and its relation to justice, life, truth, and order. In recent years authority has been seen as an enemy of freedom, autonomy, and development. In this book the renowned philosopher Yves R. Simon, himself a passionate proponent of liberty, analyzes the idea of authority and defends it as an essential concomitant of liberty. Simon sees authority as the catalyst necessary to bring together the seemingly disparate demands of liberty on one hand and order on the other. Simon’s perceptive discussion of how authority differs from law enables him to highlight the effective and personal role that authority can play in the life of the individual and for the good of the community. Professor Yves R. Simon was an esteemed philosopher and teacher at several American universities, including Notre Dame and the University of Chicago. He published numerous books and articles, many of which remain as classic pieces of political and social philosophy. Professor Simon died in 1961.