Sovereignty : a contribution to the theory of public and international law /

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Bibliographic Details
Author / Creator:Heller, Hermann, 1891-1933, author.
Uniform title:Souveränität. English
Edition:First edition.
Imprint:Oxford, United Kingdom : Oxford University Press, 2019.
©2019
Description:xiii, 189 pages ; 24 cm.
Language:English
Series:History and theory of international law
History and theory of international law.
Subject:
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/11874259
Related Items:Translation of: Souveränität.
Hidden Bibliographic Details
Other authors / contributors:Dyzenhaus, David, editor.
Cooper, Belinda, translator.
ISBN:9780198810544
0198810547
Notes:"The translation of this work was supported by a grant from the Goethe-Institut which is funded by the German Ministry of Foreign Affairs."
Includes bibliographical references and index.
Summary:Hermann Heller was one of the leading public lawyers and legal and political theorists of the Weimar era, whose main interlocutors were two of the giants of twentieth century legal and political thought, Hans Kelsen and Carl Schmitt. In this 1927 work, Hermann Heller addresses the paradox of sovereignty. That is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt, who seek to dissolve the paradox, Heller sees that the tensions the paradox highlights are an essential part of a society ruled by law. Sovereignty, in the sense of national and popular sovereignty, is often perceived today as being under threat, as power devolves from nation states to international bodies, and important decisions seem increasingly made by elite-dominated institutions. Hermann Heller wrote Sovereignty in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, Heller speaks clearly to our contemporary concerns, and shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.
Table of Contents:
  • Introduction: The Politics of Sovereignty by David Dyzenhaus
  • Foreword to the Original German Edition
  • I. The Crisis of the Dogma of Sovereignty in the History of Ideas
  • II. Rule and Order
  • III. Sovereignty and Positivity
  • IV. The Sovereign Person
  • V. The Nature of Sovereignty
  • VI. The Sovereignty of the State and the Problem of International Law
  • VII. State Sovereignty and International Law Personality
  • VIII. The Claim of Sovereignty in International Law and against International Law
  • IX. The Juristic Limits of and the Absolute Character of Sovereignty
  • X. Political and Ethical Evaluation of Sovereignty
  • Index