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Vienna Lectures on Legal Philosophy, Volume 1: Legal Positivism, Institutionalism and Globalisation

Edited by: Christoph Bezemek, Michael Potacs, Alexander Somek

ISBN13: 9781509943609
Published: October 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £25.99



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The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a 'postnational constellation' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.

Contents:
1. The Germ of Law
Christoph Kletzer
2. Legal Monism: An American History
Michael S Green
3. Why Read Carl Schmitt?
Martin Loughlin
4. States of Emergency Beyond the Nation State?
William E Scheuerman
5. Scattered Critical Observations around Legal Philosophy and Legal Theory in France
Otto Pfersmann
6. State and Trade in the Twenty-First Century
Dennis Patterson and Ari Afi lalo
7. The Rule of Law, Legitimate Authority and Constitutionalism
Mattias Kumm

Series: Vienna Lectures on Legal Philosophy