Switch to: Citations

Add references

You must login to add references.
  1. The Leviathan in the state theory of Thomas Hobbes: meaning and failure of a political symbol.Carl Schmitt - 1996 - Chicago: University of Chicago Press. Edited by George Schwab.
    One of the most significant political philosophers of the twentieth century, Carl Schmitt is a deeply controversial figure who has been labeled both Nazi sympathizer and modern-day Thomas Hobbes. First published in 1938, The Leviathan in the State Theory of Thomas Hobbes used the Enlightenment philosopher’s enduring symbol of the protective Leviathan to address the nature of modern statehood. A work that predicted the demise of the Third Reich and that still holds relevance in today’s security-obsessed society, this volume will (...)
    Direct download  
     
    Export citation  
     
    Bookmark   31 citations  
  • Carl Schmitt, political existentialism, and the total state.Richard Wolin - 1990 - Theory and Society 19 (4):389-416.
  • Sovereignty and Representation.Luc J. Wintgens - 2001 - Ratio Juris 14 (3):272-280.
    In this contribution the author explores some aspects of the relation between sovereignty, democracy and representation. After shortly focusing on the idea of sovereignty, he then questions Rousseau's refusal to take representation into account within a democratic framework, an idea that is however latent in his general approach.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • Authority and authorisation.Bert van Roermund - 2000 - Law and Philosophy 19 (2):201-222.
    The core of Kelsen's strong views onauthority emerging from his concept of law is this:Authority of law, authority in law andauthority about law are one and the same thing.The conceptual problems suggested by these threedifferent prepositions must and can be solved in onefell swoop. Kelsen's core view will first be probed bygiving an account of what is a promising approachoffered in a fairly early text, Das Problem derSouveränität, namely, what it means to`set' or `posit' the law. Inevitably, this leadsto an (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  • On the Essence and Value of Democracy.Hans Kelsen - 2000 - In Arthur Jacobson & Bernhard Schlink (eds.), Weimar: A Jurisprudence of Crisis. University of California Press.
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark   4 citations  
  • Law and sovereignty.Pavlos Eleftheriadis - 2010 - Law and Philosophy 29 (5):535-569.
    How is it possible that the idea of sovereignty still features in legal and political philosophy? Most contemporary political philosophers have little use for the idea of ‘unlimited’ or ‘absolute’ power, which is how sovereignty is normally defined. A closer look at sovereignty identifies two possible accounts: sovereignty as the fact of power or sovereignty as a title to govern. The first option, which was pursued by John Austin’s command theory of law, leads to an unfamiliar view of law and (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   10 citations  
  • Hobbes and the legitimacy of law.David Dyzenhaus - 2001 - Law and Philosophy 20 (5):461-498.
    Legal positivism dominates in the debate between it and natural law, but close attention to the work of Thomas Hobbes -- the "founder" of the positivist tradition -- reveals a version of anti-positivism with the potential to change the contours of that debate. Hobbes's account of law ties law to legitimacy through the legal constraints of the rule of law. Legal order is essential to maintaining the order of civil society; and the institutions of legal order are structured in such (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   15 citations  
  • Hobbes and the Legitimacy of Law.David Dyzenhaus - 2001 - Law and Philosophy 20 (5):461-498.
    Legal positivism dominates in the debate between it and naturallaw, but close attention to the work of Thomas Hobbes – the``founder'' of the positivist tradition – reveals a version ofanti-positivism with the potential to change the contours of thatdebate. Hobbes's account of law ties law to legitimacy throughthe legal constraints of the rule of law. Legal order isessential to maintaining the order of civil society; and theinstitutions of legal order are structured in such a way thatgovernment in accordance with the (...)
    Direct download  
     
    Export citation  
     
    Bookmark   14 citations  
  • The Concept of the Political.Carl Schmitt - 1996 - University of Chicago Press.
    In this work, legal theorist and political philosopher Carl Schmitt argues that liberalism's basis in individual rights cannot provide a reasonable justification for sacrificing oneself for the state.
    Direct download  
     
    Export citation  
     
    Bookmark   229 citations  
  • The weak reading of authority in Hans Kelsen's pure theory of law.L. S. - 2000 - Law and Philosophy 19 (2):131-171.
    Authority qua empowerment is the weak reading of authority in Hans Kelsen's writings. On the one hand, this reading appears to be unresponsive to the problem of authority as we know it from the tradition. On the other hand, it squares with legal positivism. Is Kelsen a legal positivist?Not without qualification. For he defends a normativity thesis along with the separation thesis, and it is at any rate arguable that the normativity thesis mandates a stronger reading of authority than that (...)
     
    Export citation  
     
    Bookmark   1 citation