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

David Dyzenhaus

Abstract

This book investigates one of the oldest questions of legal philosophy —the relationship between law and legitimacy. It analyses the legal theories of three eminent public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller. Their theories addressed the problems of legal and political order in a crisis-ridden modern society and so they remain highly relevant to contemporary debates about legal order in the age of pluralism. Schmitt, the philosopher of German fascism, has recently received much attention. Kelsen is well-known as one of the main exponents of the philosophy o ... More

Keywords: law, legitimacy, legal order, Carl Schmitt, Hans Kelsen, Hermann Heller, fascism, legal positivism, legal philosophy, political philosophy

Bibliographic Information

Print publication date: 1999 Print ISBN-13: 9780198298465
Published to Oxford Scholarship Online: March 2012 DOI:10.1093/acprof:oso/9780198298465.001.0001

Authors

Affiliations are at time of print publication.

David Dyzenhaus, author
University of Toronto