Einleitung.--Die begriffliche Erkenntniss der Körperwelt.--Natur und Geist.--Natur und Geschichte.--Die historische Begriffsbildung.--Naturphilosophie und Geschichts-Philosophie.

Seite dualität: Anarchismus 121. Konsequenzen der individualitätszerstörenden Gleichheitstheorie: Stellung der Frau 123; unhistorische Denkweise 123; ...

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...) -- A right to dissent? : conscientious objection --The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

Some important ideas in Kelsen's Pure Theory of Law can be traced back to Kantian tradition, which has been very influential in Kelsen's thought, particularly in his early period. Among them we find the distinction between two radically different worlds (the world of facts and the world of norms), the normativity of legal science and the idea of validity as a binding force, based on the famous doctrine of the basic norm. These tenets and, especially, the use of a normative (...) concept of validity prove to be incompatible with Kelsen's positivistic programme of a value‐free legal science. The science of law cannot state that legal norms are obligatory or binding without trespassing the limits of Kelsen's ideal of a legal science; on the other hand, it is possible to define the concept of a legal system without resorting to the basic norm. So, if Kelsen is to be regarded as a consequent positivist, the Kantian ingredients of his theory must be rejected and the descriptive concept of validity as membership must be substituted for the normative notion of validity as a binding force. (shrink)

The Making of Modern Law: Foreign, Comparative and International Law, 1600-1926, brings together foreign, comparative, and international titles in a single resource. Its International Law component features works of some of the great legal theorists, including Gentili, Grotius, Selden, Zouche, Pufendorf, Bijnkershoek, Wolff, Vattel, Martens, Mackintosh, Wheaton, among others. The materials in this archive are drawn from three world-class American law libraries: the Yale Law Library, the George Washington University Law Library, and the Columbia Law Library.Now for the first time, (...) these high-quality digital scans of original works are available via print-on-demand, making them readily accessible to libraries, students, independent scholars, and readers of all ages.+++++++++++++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: +++++++++++++++Columbia University Law LibraryLP3C001240019060101The Making of Modern Law: Foreign, Comparative, and International Law, 1600-1926Heidelberg: Carl Winter's, 190649, [1] p. 23 cmGermany. (shrink)

Papers presented at Symposium "Ideologiekritik und Politische Theorie bei Hans Kelsen" held May 15-17, 1981, at Schloss Retzhof near Leibnitz, Austria.

This is a remarkable book about a man (perhaps the most important and original philosopher of our age), a society (the corrupt Austro-Hungarian Empire on the eve of dissolution), and a city (Vienna, with its fin-de siecle gaiety and corrosive melancholy). The central figure in this study of a crumbling society that gave birth to the modern world is Wittgenstein, the brilliant and gifted young thinker. With others, including Freud, Viktor Adler, and Arnold Schoenberg, he forged his ideas in a (...) classical revolt against the stuffy, doomed, and moralistic lives of the old regime. As a portrait of Wittgenstein, the book is superbly realized; it is even better as a portrait of the age, with dazzling and unusual parallels to our own confused society. Allan Janik and Stephen Toulmin have acted on a striking premise: an understanding of prewar Vienna, Wittgenstein s native city, will make it easier to comprehend both his work and our own problems .This is an independent work containing much that is challenging, new, and useful. New York Times Book Review.". (shrink)

In this volume, Pears examines the internal organization of Wittgenstein's thought and the origins of his philosophy to provide unusually clear insight into the philosopher's ideas. Part I surveys the whole of Wittgenstein's work, while Part II details the central concepts of his early system; both reveal how the details of Wittgenstein's work fit into its general pattern.