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Vol 21 No 11 Nov/Dec 2016

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The Foundation of the Juridico-Political: Concept Formation in Hans Kelsen and Max Weber

Edited by: Ian Bryan, Peter Langford, John McGarry

ISBN13: 9780415524810
Published: November 2015
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £85.00



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Addressing the foundation of the concept of the juridico-political in the work of Hans Kelsen and Max Weber, this book provides an important re-assesment of the usual distinction between legal positivism and the sociology of law.

The work of Kelsen and Weber is usually understood as representing what are normally taken to be these two radically distinct approaches to the study of law. Focusing upon the respective theoretical foundations of their work, the contributors to this volume re-examine this assumption: exploring both the convergences and divergences in Kelsen's and Weber's engagement with the German philosophical movement of Neo-Kantianism, as well in as their attempt to move beyond academic philosophy - to, respectively, Freud and Nietzsche.

In uncovering the complexity of the relationship between Kelsen and Weber,The Foundation of the Juridico-Political blurs the conventional division between legal positivism and the sociology of law; thus offering new possibilities of a dialogue between these two approaches.

Subjects:
Jurisprudence
Contents:
Introduction

Part 1: The Influence of Neo-Kantianism on Kelsen and Weber:
Chapter 1'Value Free Science and the Assessment of Values: Weber, Kelsen and the Baden Neo-Kantians', Stanley L. Paulson
Chapter 2 'The Juridico-Political in South-West Neo-Kantianism', Christian Krijnen
Chapter 3 'Weber and Neo-Kantianism', Arnaud Dewalque
Chapter 4 'Max Weber and Heinrich Rickert - with a glance at Emil Lask', Peter-Ulrich Merz-Benz (University of Zurich, Switzerland)
Chapter 5 'The Scope and Limits of Sociological Adoptions of Neo-Kantianism', Daniel Suber

Part 2: Hans Kelsen: From Neo-Kantianism to Freud:
Chapter 6 'Kelsen and Freud', Clemens Jabloner
Chapter 6 'Kelsen in Vienna: The Encounter with Freud', Raphael Gross
Chapter 7 'Intellectual affinities: Ernst Mach, Hans Kelsen, Sigmund Freud, and the Austrian anti-essentialist approach to science', Johannes Feichtinger

Part 3: Max Weber: From Neo-Kantianism to Nietzsche:
Chapter 8 'Weber and Nietzsche', Hubert Treiber
Chapter 9 'Commitment to values and objectiveness - Nietzsche's and Weber's investigation of the social and political Self', Annette Hilt
Chapter 10 'Autonomy, Power and Democracy: an inquiry into the anthropological underpinning of Nietzsche and Weber's ethical and political reflections', Benedetta Giovanola
Chapter 11 'Weber and Nietzsche', Karsten Fischer

Conclusion