Vienna Lectures on Legal Philosophy, Volume 1: Legal Positivism, Institutionalism and Globalisation

Description

The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a 'postnational constellation' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected. Preface Contents List of Contributors 1. The Germ of Law I. Introduction II. The Germ of Law III. Violence and Self-Help in Roman Law IV. The Effectiveness of Law V. Force as Content of the Law VI. Law and State VII. Law and Order VIII. Criticism 2. Legal Monism: An American History I. Introduction II. Some Initial Clarifications III. Four Types of Conflicts Rule IV. Rules of Authorisation: The Traditional View V. Legal Realism, Pluralism and the Choice-of-Law Revolution VI. Conclusion 3. Why Read Carl Schmitt? I. Introduction II. Division III. Decision IV. Derision V. Division, Decision and Derision in the Reception of Schmitt’s Work VI. Conclusion 4. States of Emergency Beyond the Nation State? I. Introduction II. Sovereignty à la Carl Schmitt III. Executive Power Beyond the State? IV. Conclusion 5. Scattered Critical Observations around Legal Philosophy and Legal Theory in France I. Introduction II. The Landscape III. Institutional Weakness IV. The Framework of a Methodological Confusion V. A Literary Paradigm of Theory VI. Realism as Ideological Auxiliary 6. State and Trade in the Twenty-First Century I. Introduction II. What is Global Economic Constitutionalism? III. The Evolution of the International System IV. Whither Legitimacy? V. Conclusion 7. The Rule of Law, Legitimate Authority and Constitutionalism I. Introduction II. Rule of Law and Legitimate Authority III. The Rule of Law or What? Three Distinctions IV. Rule of Law and Constitutionalism Index