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Georg Jellinek argues in his essay The Declaration of the Rights of Man and the Citizen for a universal theory of rights, as opposed to the culturally and nationally specific arguments then in vogue. Jellinek indicates that the French Revolution, which was the focal point of 19th-century political theory, should not be thought of as arising from a purely French tradition (namely the tradition stemming from Jean-Jacques Rousseau) but as a close analogue of revolutionary movements and ideas in England and the United States.
Georg Jellinek (1851-1911) was a German legal philosopher. He is associated with legal positivism but is critical of that theory on the grounds that law should be understood as having an intrinsic relationship with society. He defined the law as an ethical minimum. Jellinek is best known for his essay The Declaration of the Rights of Man and of Citizens (1895), which argues for a universal theory of rights, as opposed to the culturally and nationally specific arguments then in vogue. He argued that the French Revolution, which was the focal point of 19th century political theory, should not be thought of as arising from a purely French tradition, but as a close analogue of revolutionary movements and ideas in England and the United States.
This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to ...
"Canonical theorists of sovereignty (Hobbes, Rousseau, and others) put the monopoly of power at the center of their definitions. These thinkers abstracted from western European experiences to universal norms. In the wake of their transformative contributions, states that did not fit the model appeared to be underdeveloped or deviant. Labels such as "provisional" or "irregular" rendered them irrelevant to theorizing and, worse, political problems that needed to be solved. One early "anomaly," says historian Natasha Wheatley, was the Habsburg Empire. Layered as it was with imperial, national, and regional sovereignty, its trajectory was not one of progress toward a unitary state. Instead, it e...
Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.
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The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
First published in 1933, this is one of the seminal works on international law, written by a legendary scholar in the field. This republication, featuring a new introduction by Professor Martti Koskenniemi, once again makes this book available to scholars and students in this area.
Today, Max Weber appears to many younger academic rebels as the patron sait of "value neutral" social science, yet he too engaged in a furious generational rebellion of his own, and in the end chose science as a vocation. These essays deal with Weber's substantive and methodological contribution and the relation of his life to his place in intellectual and political history. They examine the influences on Weber, as well as his similarities to and differences from Marx, Burckhardt, Nietzsche, Durkheim, and others. The authors also give attention to the ideological background of the modern attack upon the university, and to comparative study of values, authority, and legitimation. Bendix's Presidential Address to the 1970 meeting of the American Sociological Association is included. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1971.