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Learning from Franz L. Neumann

Learning from Franz L. Neumann
Author: David Kettler
Publisher: Anthem Press
Total Pages: 512
Release: 2019-07-26
Genre: Social Science
ISBN: 1783089989

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A labor lawyer and publicist of weight in the Weimar Republic, Franz Neumann devoted his 21-year exile, after 1933, to understanding the failure of arrangements supposed to be in the line of social progress. He sought to delineate a new conception of democracy as a vehicle of social change. A remarkably effective teacher in the last years of his life, Neumann was also a gifted learner, whose negotiations with a series of forceful thinkers enabled him to work toward a promising intellectual strategy in political thinking. Learning from Franz L. Neumann examines Neumann’s social and political theory in the context of his career as a practitioner, learner and teacher


The State of the Political

The State of the Political
Author: Duncan Kelly
Publisher: OUP/British Academy
Total Pages: 378
Release: 2003-10-16
Genre: Philosophy
ISBN: 9780197262870

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The State of the Political challenges traditional interpretations of the political thought of Max Weber, Carl Schmitt, and Franz Neumann. Focusing on their adaptation of a German tradition of state-legal theory, the book offers a scholarly, contextualized account of the interrelationship between their political thought and practical political criticism. Dr Kelly criticizes the typical separation of these writers, and offers a substantial reinterpretation of modern German political thought in a period of profound transition, in particular the relationship between political theory and conceptual change. Alongside its focus on German political and juridical thought, the book contributes significantly to the history of European ideas, discussing parliamentarism and democracy, academic freedom and cultural criticism, political economy, patriotism, sovereignty and rationality, and the inter-relationships between law, the constitution and political representation.


Frankfurt School Perspectives on Globalization, Democracy, and the Law

Frankfurt School Perspectives on Globalization, Democracy, and the Law
Author: William E. Scheuerman
Publisher: Routledge
Total Pages: 223
Release: 2011-06-23
Genre: Law
ISBN: 1134003544

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This volume makes use of the first-generation Frankfurt School political and legal theorist, Franz L. Neumann, in conjunction with his famous successor, Jürgen Habermas, to try to understand the momentous political and legal transformations generated by globalization.


Between the Norm and the Exception

Between the Norm and the Exception
Author: William E. Scheuerman
Publisher: MIT Press
Total Pages: 348
Release: 1997-01-22
Genre: Philosophy
ISBN: 9780262691963

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Winner, 1996 Elaine and David Spitz Book Prize for the best book onliberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association. Between the Norm and the Exception contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the "rule of law" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law.


Veiled Power

Veiled Power
Author: Doreen Lustig
Publisher: Law and Global Governance
Total Pages: 257
Release: 2020-05-07
Genre: Law
ISBN: 019882209X

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Veiled Power conducts a thorough historical study of the relationship between international law and business corporations. It chronicles the emergence of the contemporary legal architecture for corporations in international law between 1886 and 1981. Doreen Lustig traces the relationship between two legal 'veils': the sovereign veil of the state and the corporate veil of the company. The interplay between these two veils constitutes the conceptual framework this book offers for the legal analysis of corporations in international law. By weaving together five in-depth case studies - Firestone in Liberia, the Industrialist Trials at Nuremberg, the Anglo-Iranian Oil Company, Barcelona Traction and the emergence of the international investment law regime - a variety of contexts are covered, including international criminal law, human rights, natural resources, and the multinational corporation as a subject of regulatory concern. Together, these case studies offer a multifaceted account of the history of corporations in international law over time. The book seeks to demonstrate the facilitative role of international law in shaping and limiting the scope of responsibility of the private business corporation from the late-nineteenth century and throughout the twentieth century. Ultimately, Lustig suggests that, contrary to the prevailing belief that international law failed to adequately regulate private corporations, there is a history of close engagement between the two that allowed corporations to exert influence under a variety of legal regimes while obscuring their agency.


Opposing the Rule of Law

Opposing the Rule of Law
Author: Nick Cheesman
Publisher: Cambridge University Press
Total Pages: 337
Release: 2015-03-12
Genre: Law
ISBN: 1316240835

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The rule of law is a political ideal today endorsed and promoted worldwide. Or is it? In a significant contribution to the field, Nick Cheesman argues that Myanmar is a country in which the rule of law is 'lexically present but semantically absent'. Charting ideas and practices from British colonial rule through military dictatorship to the present day, Cheesman calls upon political and legal theory to explain how and why institutions animated by a concern for law and order oppose the rule of law. Empirically grounded in both Burmese and English sources, including criminal trial records and wide ranging official documents, Opposing the Rule of Law offers the first significant study of courts in contemporary Myanmar. It sheds new light on the politics of courts during dark times and sharply illuminates the tension between the demand for law and the imperatives of order.


The Rule of Law

The Rule of Law
Author: Christopher May
Publisher: Edward Elgar Publishing
Total Pages: 273
Release: 2014-05-30
Genre: Law
ISBN: 1781008957

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By building on and extending debates in socio-legal studies about the social role of law, and dealing with issues largely absent from international political economy this book will be of great interest to socio _ legal scholars and political economist&


The Remnants of the Rechtsstaat

The Remnants of the Rechtsstaat
Author: Jens Meierhenrich
Publisher: Oxford University Press
Total Pages: 449
Release: 2018
Genre: History
ISBN: 0198814410

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This book offers an intellectual history of Ernst Fraenkel's classic The Dual State (1941), recently republished by OUP, and one of the most erudite books on the theory of dictatorship ever written. It was the first comprehensive analysis of the nature and rise of Nazism, and the only such analysis written from within Hitler's Germany.


Philosophical Foundations of European Union Law

Philosophical Foundations of European Union Law
Author: Julie Dickson
Publisher: OUP Oxford
Total Pages: 668
Release: 2012-10-11
Genre: Law
ISBN: 0191652164

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The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.