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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber

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Edited by: Ian Bryan, Langford. Peter, John McGarry

ISBN13: 9780415524827
Published: December 2015
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £85.00

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Focusing upon the elaboration of the concept of the juridico-political in the work of Hans Kelsen and Max Weber, this book provides an important re-assessment of the usual distinction between legal positivism and the sociology of law. The work of Kelsen and Weber is conventionally understood as representing these two radically distinct approaches to the study of law. Through an consideration of their respective elaborations of the juridico-political, the contributors to this volume re-examine this assumption: exploring the convergences and divergences in Kelsen's and Weber's interventions in the fields of political philosophy, political sociology and legal history, as well as in their respective conceptions of modernity, and of the legitimacy and effectiveness of law.

In uncovering the complexity of the relationship between Kelsen and Weber, The Reconstruction of the Juridico-Political places into question the conventional division between legal positivism and the sociology of law. It offers a new and more nuanced understanding of the possibilities of a renewed dialogue between these two approaches.

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Law and Society

Part 1: Hans Kelsen, Max Weber and Political Philosophy
Chapter 1 'The concept of power in Kelsen and Weber', Yves-Charles Zarka
Chapter 2 'Weber, Kelsen and the concept of compromise', Marcus Llanque
Chapter 3 'Weber, Kelsen and the idea of justice', Sandro Chignola

Part 2: Hans Kelsen, Max Weber and Political Sociology: Chapter 4 'Disenchantments. Weber's Political Sociology as Kelsen's Intervention within the First Austrian Republic', Tamara Ehs
Chapter 5 'Kelsen, Weber and the problem of democratic legitimacy', Christoph Schonberger
Chapter 6. 'Weber and Kelsen: Understanding the State', Hubert Treiber & Horst Dreier
Chapter 7 'A Sociological or a juridical definition of the state: the impossible dialogue between Kelsen and Weber', Catherine Colliot-Thelene
Chapter 8 'The man of mass democracy in Max Weber's and Hans Kelsen's juridico-political thought and the problem of the contemporary phenomenon of a glocalised New Man', Pierangelo Schiera

Part 3: Hans Kelsen, Max Weber and Legal History: Chapter 9 'Stammler in the critique of Weber and Kelsen', Agostino Carrino
Chapter 10 'Is Legal History, According to Weberian Schemes, Consistent wih Kelsen's Theory of Law?', Jean-Louis Halperin

Part 4: Hans Kelsen, Max Weber and the limits of the concept of the juridico-political: Chapter 11 'The Representative Principle in Weber and Kelsen', Antonio Scalone
Chapter 12 'Legal Rights in Kelsen and Weber', Massimo La Torre
Chapter 13 'Static and Dynamic. A Sociological Theory of Legal Validity', Gregor Fitzi
Chapter 14 'Legal Sociology in a Normativistic Perspective', Otto Pfersmann
Chapter 15 'The Pure Theory as a sociological analysis', Michel Troper