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Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
David Ingram
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw
The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw
Gary M. Shaw
No abstract provided.
Sexual Violence Against Men And Women In War: A Masculinities Approach, Valorie K. Vojdik
Sexual Violence Against Men And Women In War: A Masculinities Approach, Valorie K. Vojdik
Valorie K. Vojdik
No abstract provided.