ABSTRACT

Hans Kelsen and Max Weber are conventionally understood as initiators not only of two distinct and opposing processes of concept formation, but also of two discrete and contrasting theoretical frameworks for the study of law. The Foundation of the Juridical-Political: Concept Formation in Hans Kelsen and Max Weber places the conventional understanding of the theoretical relationship between the work of Kelsen and Weber into question. Focusing on the theoretical foundations of Kelsen’s legal positivism and Weber’s sociology of law, and guided by the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume explore convergences and divergences in the approach and stance of Kelsen and Weber to law, the State, political science, modernity, legal rationality, legal theory, sociology of law, authority, legitimacy and legality. The chapters comprising The Foundation of the Juridical-Political uncover complexities within as well as between the theoretical and methodological principles of Kelsen and Weber and, thereby, challenge the enduring division between legal positivism and the sociology of law in contemporary discourse.

chapter |20 pages

Introduction

Convergence and divergence

part I|94 pages

Kelsen, Weber and neo-Kantianism

chapter 1|17 pages

Between Weber and Kelsen

The rebirth of philosophy of law in German-speaking countries and conceptions of the world

chapter 2|21 pages

Hans Kelsen and Hermann Cohen

From theology to law and back

chapter 3|16 pages

The juridico-political in South-West neo-Kantianism

Methodological reflections on its construction *

chapter 4|20 pages

Addressing the specificity of social concepts

Rickert, Weber, and the Dual Contrast theory *

chapter 5|18 pages

Intellectual freedom

On the political Gestalt of Weber and Kelsen or Strauss's critique of social science revisited

part II|47 pages

Kelsen and Freud

chapter 6|23 pages

Intellectual affinities

Ernst Mach, Sigmund Freud, Hans Kelsen and the Austrian anti-essentialist approach to science and scholarship 1

chapter 7|22 pages

The individual and the democratic state

Remarks on Kelsen's reception of Freud and its importance for a critical political psychology and the development of democracy

part III|41 pages

Weber and Nietzsche

chapter 9|19 pages

The demands of disenchantment

From Nietzsche, Weber, and Troeltsch to Bultmann *

part IV|45 pages

Kelsen, Weber and the pre-modern

chapter 10|19 pages

Max Weber's dissertation

An analysis (and a comparison to his habilitation)

chapter 11|24 pages

Kelsen, Weber

On justice and law