The Reconstruction of the Juridico-Political
Affinity and Divergence in Hans Kelsen and Max Weber
Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber contests the conventional understanding of the theoretical relationship between Kelsen’s legal positivism and Weber’s sociology of law. Utilising the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume analyse central points of affinity and divergence in the work of these two influential figures. Thus, the chapters collected in The Reconstruction of the Juridico-Political offer a comprehensive reconsideration of these affinities and divergences, through a comparison of their respective reconstruction of the notions of democracy, the State, legal rights and the character of law. From this reconsideration a more complex understanding of their theoretical relationship emerges combined with a renewed emphasis upon the continued contemporary relevance of the work of Kelsen and Weber.
Table of Contents
Introduction: Affinity and Divergence, Peter Langford, Ian Bryan and John Mcgarry Part 1: Hans Kelsen, Max Weber and Democracy 1. Führerprinzip and Democracy in Weber and Kelsen, Antonino Scalone 2. Democracy within Pluralism: Hans Kelsen on Civil Society and Civic Friendship, Elif Özmen Part 2: Hans Kelsen, Max Weber and the State 3. Max Weber’s Conception off the State: The State as Anstalt and as Validated Conception with Special Reference to Kelsen’s Critique of Weber, Hubert Treiber 4. Kelsen Reading Weber: Is a Sociological Concept of the State Possible? Catherine Colliot-Thélène 5. Kelsen, Weber and the Problem of the Emergence of the State, Michel Troper Part 3: Hans Kelsen, Max Weber and Rights 6. State under the Rule of Law? The Relationship of State and Law in the Work of Hans Kelsen and Georg Jellinek, Gerhard Donhauser 7. Human Rights and Subjective Rights – Affinities in Max Weber and Georg Jellinek, Kathrin Groh Part 4: Hans Kelsen, Max Weber and the Character of Law 8. Max Weber and Hans Kelsen: Formal Rationality and Legitimacy of Modern Law, Michel Coutu 9. Using Weber’s and Kelsen’s Schemas for Legal History Jean-Louis Halpérin
Ian Bryan is Senior Lecturer in Law, Law School, Lancaster University, UK.
Peter Langford is Senior Lecturer in Law, Department of Law and Criminology, Edge Hill University, UK.
John McGarry is Reader in Law, Department of Law and Criminology, Edge Hill University, UK.