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Full Description
This volume explores the reasons for Hans Kelsen's
lack of influence in the United States and proposes ways in which Kelsen's
approach to law, philosophy, and political, democratic, and international
relations theory could be relevant to current debates within the U.S. academy
in those areas. Along the way, the volume examines Kelsen's relationship and
often hidden influences on other members of the mid-century Central European
émigré community whose work helped shape twentieth-century social science in the
United States. The book includes major
contributions to the history of ideas and to the sociology of the professions
in the U.S. academy in the twentieth century. Each section of the volume
explores a different aspect of the puzzle of the neglect of Kelsen's work in
various disciplinary and national settings.
Part I provides reconstructions of Kelsen's legal theory and defends
that theory against negative assessments in Anglo-American jurisprudence. Part II focusesboth on Kelsen's theoretical
views on international law and his practical involvement in the post-war
development of international criminal law. Part III addresses Kelsen's theories of
democracy and justice while placing him in dialogue with other major
twentieth-century thinkers, including two fellow émigré scholars, Leo Strauss
and Albert Ehrenzweig. Part IV explores Kelsen's intellectual legacies through
European and American perspectives on the interaction of Kelsen's theoretical
approach to law and national legal traditions in the United States and Germany.
Each contribution features a particular
applications of Kelsen's approach to doctrinal and interpretive issues
currently of interest in the legal academy.
The volume concludes with two chapters on the nature of Kelsen's legal
theory as an instance of modernism.
Contents
Introduction Hans Kelsen for Americans; D. A. Jeremy Telman.- Part I: Hans Kelsen and American Legal Philosophy.- Chapter 2 Kelsen in the U.S.: Still Misunderstood; Brian Bix.- Chapter 3 Marmor's Kelsen; Michael Steven Green.- Part II: Hans Kelsen and the Development of Public
International Law.- Chapter 4 The Kelsen-Hart Debate: Hart's Critique of Kelsen's
Legal Monism Reconsidered; Lars Vinx.- Chapter 5 Peace and Global Justice Through Prosecuting the
Crime of Aggression? Kelsen and Morgenthau on the Nuremberg Trials and the
International Judicial Function; Jochen von Bernstorff.- Chapter 6 Hans Kelsen, the Second World War and the U.S.
Government Thomas Olechowski.- Part III: Kelsen in Unexplored Dialogues.- Chapter 7 Arriving at Justice by a Process of Elimination:
Hans Kelsen and Leo Strauss; Elisabeth Lefort.- Chapter 8 Kelsen and Niebuhr on Democracy; Daniel R. Rice.- Chapter 9 Hans Kelsen's Psychoanalytic Heritage -an Ehrenzweigian
Reconstruction; Bettina Rentsch.- Chapter 10 A Morally Enlightened Positivism? Kelsen and
Habermas on the Democratic Roots of Validity in Municipal and International
Law; David Ingram.- Part IV: Kelsen's Legacies.- Chapter 11 The Neglect of Hans Kelsen in West German Public
Law Scholarship, 1945-1980; Frieder Günther.- Chapter 12 Philosophy of Law and Theory of Law: The
Continuity of Kelsen's Years in America; Nicoletta Ladavac.- Chapter 13 Pure Formalism? Kelsenian Interpretive Theory between
Textualism and Realism; Christoph Bezemek.- Chapter 14 Cognition and Reason: Rethinking Kelsen in the Context of Contract
and Business Law; Jeffrey M. Lipshaw.- Chapter 15 Kelsen's View of the Addressee of the Law: Primary
and Secondary Norms; Dru Stevenson.- Chapter 16 Kelsen, Justice, and Constructivism; Joshua Felix.- Conclusions.- Chapter 17 In Defense of Modern Times: A Keynote Address; Clemens
Jabloner.- Chapter 18 Hans Kelsen's Modernist Secularism and the Free Exercise of
Religion; Jeremy Telman.
