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Reassessing the usual distinction between legal positivism and the sociology of law, this book explores the convergences and divergences in Kelsen's and Weber's interventions in the fields of political philosophy, political sociology and legal history. The book also highlights their respective conceptions of modernity, and of the legitimacy and effectiveness of law, to re-examines the assumption that Kelsen and Weber represent two radically different approaches to the study of law.
Inhaltsverzeichnis
Introduction: Affinity and Divergence, Peter Langford, Ian Bryan and John Mcgarry Part 1: Hans Kelsen, Max Weber and Democracy 1. Führerprinzip and Democracy in Weber and Kelsen, Antonino Scalone 2. Democracy within Pluralism: Hans Kelsen on Civil Society and Civic Friendship, Elif Özmen Part 2: Hans Kelsen, Max Weber and the State 3. Max Weber’s Conception off the State: The State as Anstalt and as Validated Conception with Special Reference to Kelsen’s Critique of Weber, Hubert Treiber 4. Kelsen Reading Weber: Is a Sociological Concept of the State Possible? Catherine Colliot-Thélène 5. Kelsen, Weber and the Problem of the Emergence of the State, Michel Troper Part 3: Hans Kelsen, Max Weber and Rights 6. State under the Rule of Law? The Relationship of State and Law in the Work of Hans Kelsen and Georg Jellinek, Gerhard Donhauser 7. Human Rights and Subjective Rights – Affinities in Max Weber and Georg Jellinek, Kathrin Groh Part 4: Hans Kelsen, Max Weber and the Character of Law 8. Max Weber and Hans Kelsen: Formal Rationality and Legitimacy of Modern Law, Michel Coutu 9. Using Weber’s and Kelsen’s Schemas for Legal History Jean-Louis Halpérin
Über den Autor / die Autorin
Ian Bryan is Senior Lecturer in Law, Law School, Lancaster University, UK.
Peter Langford is Senior Lecturer in Law, Department of Law and Criminology, Edge Hill University, UK.
John McGarry is Reader in Law, Department of Law and Criminology, Edge Hill University, UK.
