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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Produktdetaljer
ISBN
9780192538512
Publisert
2020
Utgiver
Vendor
OUP Oxford
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter