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International Law Commons

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Law and Politics

University of Michigan Law School

Michigan Law Review

Federal fallacy

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Full-Text Articles in International Law

Niemeyer On Law Without Force, Josef L. Kunz Jun 1941

Niemeyer On Law Without Force, Josef L. Kunz

Michigan Law Review

Whereas Lauterpacht tried to determine the function of law in the international community, Niemeyer investigates the function of politics in international law. His book is on politics, but it is theoretical in its treatment and not political. The book not only represents an ambitious work, but is certainly interesting and stimulating. As to his ideas, Niemeyer derives from Herman Heller, to whom the book is dedicated. Heller's theory of the States is not a legal, but a sociological, a functional theory of the modern, occidental State as it developed since the Renaissance, a theory which stands halfway between Kelsen's "pure …