This study looks at one of the oldest questions in legal philosophy--the relationship between law and legitimacy. Dyzenhaus analyzes the legal theories of three eminent public lawyers of the Weimar era whose theories addressed the problems of legal and political order in a crisis-ridden modern society and demonstrates their relevance to contemporary debates.
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Editorial Reviews
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`Dyzenhaus's ... reflections on Schmitt's constitutional position are nuanced and insightful. ... This book also deserves broad attention because of the way in which it relocates Hermann Heller at the centre-stage of Weimar political debate. ... shows a breadth of historical and sociological knowledge which is unusual amongst legal theorists and historians ...' History of European Ideas 26 (2000) 225-264
`The subtle contours ... will repay careful and sustained reading ... scholarly and well written ... a powerful antidote to the sad apologetics still being pandered by those who have sought to promote the work of one of fascism's most intelligent theorists.' Mark Neocleous, Radical Philosophy, jul-aug 99
`The subtle contours ... will repay careful and sustained reading ... scholarly and well written ... a powerful antidote to the sad apologetics still being pandered by those who have sought to promote the work of one of fascism's most intelligent theorists.' Mark Neocleous, Radical Philosophy, jul-aug 99
About the Author
David Dyzenhaus is an Associate Professor of Law and Philosophy at the University of Toronto.
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First Sentence:
The relationship between legality and legitimacy is one of the most important themes in legal and political philosophy. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
ethical fundamental principles, normative nothingness, polemical principle, substantive homogeneity, simple majority principle, sovereign dictatorship, procedural turn, democratic legal order, enhanced majority, legal conscience, separation thesis, legal positivism, public autonomy, validity force, legal science, concrete order, social homogeneity, distinction between friend, political liberalism, comprehensive doctrine, pure theory Key Phrases - Capitalized Phrases (CAPs): (learn more)
Weimar Constitution, Carl Schmitt, Political Theology, Hermann Heller, Max Weber, Weimar Republic, Hans Kelsen, John Rawls, New York, Constitution of the Reich, Leo Strauss, Ronald Dworkin, Thomas Hobbes, Development of the Justiciability of State, National Assembly, Second World War, Centre Party, Contemporary Political Theories, Die Justiz, Middle Ages, Communist Party, Gesammelte Schriften, Gustav Radbruch, Hobbes's Leviathan, Jeremy Bentham New!
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Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
The relationship between legality and legitimacy is one of the most important themes in legal and political philosophy. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
ethical fundamental principles, normative nothingness, polemical principle, substantive homogeneity, simple majority principle, sovereign dictatorship, procedural turn, democratic legal order, enhanced majority, legal conscience, separation thesis, legal positivism, public autonomy, validity force, legal science, concrete order, social homogeneity, distinction between friend, political liberalism, comprehensive doctrine, pure theory Key Phrases - Capitalized Phrases (CAPs): (learn more)
Weimar Constitution, Carl Schmitt, Political Theology, Hermann Heller, Max Weber, Weimar Republic, Hans Kelsen, John Rawls, New York, Constitution of the Reich, Leo Strauss, Ronald Dworkin, Thomas Hobbes, Development of the Justiciability of State, National Assembly, Second World War, Centre Party, Contemporary Political Theories, Die Justiz, Middle Ages, Communist Party, Gesammelte Schriften, Gustav Radbruch, Hobbes's Leviathan, Jeremy Bentham New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 88
books:
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11
books
cite this book:
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- Political Liberalism: Expanded Edition (Columbia Classics in Philosophy) by John Rawls on 24 pages
- The Concept of the Political by Carl Schmitt on 15 pages
- Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy (Studies in Contemporary German Social Thought) by Jurgen Habermas on 15 pages
- Legality and Legitimacy by Carl Schmitt on 11 pages
- Pure Theory of Law by Hans Kelsen on 5 pages
See all 88 books this book cites
- Law, Pragmatism, and Democracy by The Honorable Richard A. Posner on page 281, and page 305
- Constituting Democracy: Law, Globalism and South Africa's Political Reconstruction (Cambridge Studies in Law and Society) by Heinz Klug in Back Matter (1), and Back Matter (2)
- The Constitution of Law: Legality in a Time of Emergency by David Dyzenhaus on page 35, and Back Matter
- Democratic Autonomy: Public Reasoning about the Ends of Policy (Oxford Political Theory) by Henry S. Richardson in Back Matter (1), and Back Matter (2)
- Law as Politics: Carl Schmitt’s Critique of Liberalism by David Dyzenhaus on page 247
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