THE INTEGRAL VIEW OF LAW, THE STATE, and HUMAN RIGHTS: COMPARING HANS KELSEN'S POSITIVISM, CARL SCHMITT'S REALISM, and OTFRIED HÖFFE'S RATIONALISM

 
9783639293630: THE INTEGRAL VIEW OF LAW, THE STATE, and HUMAN RIGHTS: COMPARING HANS KELSEN'S POSITIVISM, CARL SCHMITT'S REALISM, and OTFRIED HÖFFE'S RATIONALISM
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This work elaborates the rationalist thesis of integrity, which suggests that the concepts of law, the state, and justice can neither be divorced from, nor be assimilated into each other. This evidently refutes the positivist thesis of separation which breaks off the cord between law and the state, on the one hand, and the moral standpoint of justice, on the other hand. However, the thesis of integrity also opposes the theses of assimilation which either assimilate law and political authority into morality (the moralist naivety), or,reversely, reduce law and justice into brute political force (the realist cynicism). In brief, the integral view gives each element its due in the nexus of law, the state and the universal moral idea of justice (i.e. human rights). In this work, this view is elicited through a comparative critical examination of three theories, each of which is taken as representing a particular approach beyond legal-moralism. These are Hans Kelsen's legal-positivism, Carl Schmitt's realism, and Otfried Höffe's Kantian rationalism. Eventually, the book is intended to be beneficial to those who are interested in political and legal philosophy.

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About the Author:

Mehmet Ruhi Demiray has just completed his PhD program on political Science at METU-Turkey. As a scholar of political theory, he focuses on theories of law and the state, and the idea of human rights. Currently, he is a faculty member at Kocaeli University,Department of Political Science and Public Administration, in Turkey.

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Book Description Condition: New. Publisher/Verlag: VDM Verlag Dr. Müller | COMPARING HANS KELSEN'S POSITIVISM, CARL SCHMITT'S REALISM, and OTFRIED HÖFFE'S RATIONALISM | This work elaborates the rationalist thesis of integrity, which suggests that the concepts of law, the state, and justice can neither be divorced from, nor be assimilated into each other. This evidently refutes the positivist thesis of separation which breaks off the cord between law and the state, on the one hand, and the moral standpoint of justice, on the other hand. However, the thesis of integrity also opposes the theses of assimilation which either assimilate law and political authority into morality (the moralist naivety), or,reversely, reduce law and justice into brute political force (the realist cynicism). In brief, the integral view gives each element its due in the nexus of law, the state and the universal moral idea of justice (i.e. human rights). In this work, this view is elicited through a comparative critical examination of three theories, each of which is taken as representing a particular approach beyond legal-moralism. These are Hans Kelsen's legal-positivism, Carl Schmitt's realism, and Otfried Höffe's Kantian rationalism. Eventually, the book is intended to be beneficial to those who are interested in political and legal philosophy. | Format: Paperback | Language/Sprache: english | 324 pp. Seller Inventory # K9783639293630

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Book Description VDM Verlag Sep 2010, 2010. Taschenbuch. Condition: Neu. Neuware - This work elaborates the rationalist thesis of integrity, which suggests that the concepts of law, the state, and justice can neither be divorced from, nor be assimilated into each other. This evidently refutes the positivist thesis of separation which breaks off the cord between law and the state, on the one hand, and the moral standpoint of justice, on the other hand. However, the thesis of integrity also opposes the theses of assimilation which either assimilate law and political authority into morality (the moralist naivety), or,reversely, reduce law and justice into brute political force (the realist cynicism). In brief, the integral view gives each element its due in the nexus of law, the state and the universal moral idea of justice (i.e. human rights). In this work, this view is elicited through a comparative critical examination of three theories, each of which is taken as representing a particular approach beyond legal-moralism. These are Hans Kelsen's legal-positivism, Carl Schmitt's realism, and Otfried Höffe's Kantian rationalism. Eventually, the book is intended to be beneficial to those who are interested in political and legal philosophy. 324 pp. Englisch. Seller Inventory # 9783639293630

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Book Description VDM Verlag Sep 2010, 2010. Taschenbuch. Condition: Neu. Neuware - This work elaborates the rationalist thesis of integrity, which suggests that the concepts of law, the state, and justice can neither be divorced from, nor be assimilated into each other. This evidently refutes the positivist thesis of separation which breaks off the cord between law and the state, on the one hand, and the moral standpoint of justice, on the other hand. However, the thesis of integrity also opposes the theses of assimilation which either assimilate law and political authority into morality (the moralist naivety), or,reversely, reduce law and justice into brute political force (the realist cynicism). In brief, the integral view gives each element its due in the nexus of law, the state and the universal moral idea of justice (i.e. human rights). In this work, this view is elicited through a comparative critical examination of three theories, each of which is taken as representing a particular approach beyond legal-moralism. These are Hans Kelsen's legal-positivism, Carl Schmitt's realism, and Otfried Höffe's Kantian rationalism. Eventually, the book is intended to be beneficial to those who are interested in political and legal philosophy. 324 pp. Englisch. Seller Inventory # 9783639293630

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Book Description VDM Verlag Sep 2010, 2010. Taschenbuch. Condition: Neu. This item is printed on demand - Print on Demand Neuware - This work elaborates the rationalist thesis of integrity, which suggests that the concepts of law, the state, and justice can neither be divorced from, nor be assimilated into each other. This evidently refutes the positivist thesis of separation which breaks off the cord between law and the state, on the one hand, and the moral standpoint of justice, on the other hand. However, the thesis of integrity also opposes the theses of assimilation which either assimilate law and political authority into morality (the moralist naivety), or,reversely, reduce law and justice into brute political force (the realist cynicism). In brief, the integral view gives each element its due in the nexus of law, the state and the universal moral idea of justice (i.e. human rights). In this work, this view is elicited through a comparative critical examination of three theories, each of which is taken as representing a particular approach beyond legal-moralism. These are Hans Kelsen's legal-positivism, Carl Schmitt's realism, and Otfried Höffe's Kantian rationalism. Eventually, the book is intended to be beneficial to those who are interested in political and legal philosophy. 324 pp. Englisch. Seller Inventory # 9783639293630

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Book Description VDM Verlag, Germany, 2010. Paperback. Condition: New. Language: English . Brand New Book. This work elaborates the rationalist thesis of integrity, which suggests that the concepts of law, the state, and justice can neither be divorced from, nor be assimilated into each other. This evidently refutes the positivist thesis of separation which breaks off the cord between law and the state, on the one hand, and the moral standpoint of justice, on the other hand. However, the thesis of integrity also opposes the theses of assimilation which either assimilate law and political authority into morality (the moralist naivety), or, reversely, reduce law and justice into brute political force (the realist cynicism). In brief, the integral view gives each element its due in the nexus of law, the state and the universal moral idea of justice (i.e. human rights). In this work, this view is elicited through a comparative critical examination of three theories, each of which is taken as representing a particular approach beyond legal-moralism. These are Hans Kelsen s legal-positivism, Carl Schmitt s realism, and Otfried Hoffe s Kantian rationalism. Eventually, the book is intended to be beneficial to those who are interested in political and legal philosophy. Seller Inventory # KNV9783639293630

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Book Description VDM Verlag. Paperback. Condition: New. 324 pages. Dimensions: 8.7in. x 5.9in. x 0.7in.This work elaborates the rationalist thesis of integrity, which suggests that the concepts of law, the state, and justice can neither be divorced from, nor be assimilated into each other. This evidently refutes the positivist thesis of separation which breaks off the cord between law and the state, on the one hand, and the moral standpoint of justice, on the other hand. However, the thesis of integrity also opposes the theses of assimilation which either assimilate law and political authority into morality (the moralist naivety), or, reversely, reduce law and justice into brute political force (the realist cynicism). In brief, the integral view gives each element its due in the nexus of law, the state and the universal moral idea of justice (i. e. human rights). In this work, this view is elicited through a comparative critical examination of three theories, each of which is taken as representing a particular approach beyond legal-moralism. These are Hans Kelsens legal-positivism, Carl Schmitts realism, and Otfried Hffes Kantian rationalism. Eventually, the book is intended to be beneficial to those who are interested in political and legal philosophy. This item ships from multiple locations. Your book may arrive from Roseburg,OR, La Vergne,TN. Paperback. Seller Inventory # 9783639293630

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