Legality And Legitimacy Paperback 1st Edition

David Dyzenhaus

This book investigates one of the oldest questions of legal philosophy―-the relationship between law and legitimacy. It analyses the legal theories of three eminent public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller. Their theories addressed the problems of legal and political order in a crisis-ridden modern society and so they remain highly relevant to contemporary debates about legal order in the age of pluralism.

0198298463

9780198298465

English

Oxford University Press

24-Feb-2000

304

David Dyzenhaus is an Associate Professor of Law and Philosophy at the University of Toronto.

1st Edition

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.