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The History and Theory of International Law

Sovereignty

A Contribution to the Theory of Public and International Law

Heller, Hermann

Sovereignty

The History and Theory of International Law

Sovereignty

A Contribution to the Theory of Public and International Law

The History and Theory of International Law: Sovereignty

 

In this 1927 work, Hermann Heller addresses the paradox of sovereignty, with a discussion spanning the disciplines of history, constitutional and political theory, and international law. The book includes a substantial introductory essay by David Dyzenhaus.


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Beschrijving The History and Theory of International Law: Sovereignty

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.


ISBN
9780198810544
Pagina's
206
Verschenen
Serie
The History and Theory of International Law
NUR
754
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP Oxford

Politicologie