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The Legitimacy of Legal Order: Heller's Legal Theory

David Dyzenhaus

in Legality and Legitimacy: Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198298465
eISBN:
9780191685453
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298465.003.0004
Subject:
Law, Human Rights and Immigration

This chapter explores Heller's argument with Schmitt against Kelsen that all conceptions of law are fundamentally political and tied to particular historical and social contexts. However, he shared ... More


Is Disability Discrimination Different?

David Wasserman

in Philosophical Foundations of Discrimination Law

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199664313
eISBN:
9780191748486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664313.003.0014
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter addresses the question of whether we can have a coherent disability discrimination law that takes account of only the first aspect of impairment, as a stigmatized characteristic and a ... More


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