Hermann Heller was one of the leading public lawyers and legal and political theorists of the Weimar era, whose main interlocutors were two of the giants of twentieth century legal and political thought, Hans Kelsen and Carl Schmitt. In this 1927 work, Hermann Heller addresses the paradox of sovereignty. That is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt, who seek to dissolve the paradox, Heller sees that the tensions the paradox highlights are an essential part of a society ruled by law.
Sovereignty, in the sense of national and popular sovereignty, is often perceived today as being under threat, as power devolves from nation states to international bodies, and important decisions seem increasingly made by elite-dominated institutions. Hermann Heller wrote Sovereignty in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, Heller speaks clearly to our contemporary concerns, and shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.
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In this 1927 work, Hermann Heller addresses the paradox of sovereignty, with a discussion spanning the disciplines of history, constitutional and political theory, and international law. The book includes a substantial introductory essay by David Dyzenhaus.
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An excellent resource for those interested in the rule-of-law and the paradox of how a sovereign ruler (individual, parliament, etc.) can/must also be subject to and governed by law.
Produktdetaljer
ISBN
9780198810544
Publisert
2019
Utgiver
Vendor
Oxford University Press
Vekt
476 gr
Høyde
242 mm
Bredde
165 mm
Dybde
21 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
206
Forfatter
Redaktør