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Unmasking the ‘personality’ of the state—Max Weber, Staatsrechtslehre, and the modern state

Duncan Kelly

in The State of the Political: Conceptions of Politics and the State in the Thought of Max Weber, Carl Schmitt, and Franz Neumann

Published in print:
2003
Published Online:
January 2012
ISBN:
9780197262870
eISBN:
9780191734892
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197262870.003.0003
Subject:
Political Science, Political Theory

This chapter examines Max Weber's rejection of an idea central to nineteenth-century Staatsrechtslehre. This is the notion that the state itself is a ‘personality’. After outlining some of the main ... More


Biography and Important Influences

Mónica García-Salmones Rovira

in The Project of Positivism in International Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199685202
eISBN:
9780191765407
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685202.003.0006
Subject:
Law, Public International Law, Philosophy of Law

This chapter presents a biographical sketch of Hans Kelsen. It first details his life, with special emphasis on the connections of his personal path with the development of his legal theory. It then ... More


The Emergence of Constitutional Law as a Positive Discipline

Jo Eric Khushal Murkens

in From Empire to Union: Conceptions of German Constitutional Law since 1871

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199671885
eISBN:
9780191751196
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671885.003.0002
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter discusses the rise of public law as a self-governing discipline. The Allgemeine Staatslehre (the classic public law discipline) is based on, but transcends, Aristotle’s Politics, Hegel’s ... More


Egon Zweig and the Intellectual History of Constituent Power

Duncan Kelly

in Constitutionalism, Legitimacy, and Power: Nineteenth-Century Experiences

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198723059
eISBN:
9780191789632
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198723059.003.0018
Subject:
Law, Constitutional and Administrative Law, Comparative Law

Much of the considerable recent interest in the idea of constituent power in modern legal and political theory comes through engagement with Carl Schmitt. Yet very little attention has been paid to ... More


Sovereignty and Dictatorship

Joel Colón-Ríos

in Constituent Power and the Law

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198785989
eISBN:
9780191827693
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198785989.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter develops a distinction between sovereignty and constituent power. It argues that when distinguished from constituent power, sovereignty appears not as a constitution-making force, but as ... More


Conclusion

Peter M. R. Stirk

in Twentieth-Century German Political Thought

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748622900
eISBN:
9780748652730
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748622900.003.0009
Subject:
Political Science, International Relations and Politics

Twentieth-century German political thought was marked by the persistence, or the recurrence, of certain concepts and by the polemical dispute about what those concepts meant. This political thought ... More


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