E-Book Overview
This volume explores the reasons for Hans Kelsen’s lack of influence in the United States and proposes ways in which Kelsen’s approach to law, philosophy, and political, democratic, and international relations theory could be relevant to current debates within the U.S. academy in those areas. Along the way, the volume examines Kelsen’s relationship and often hidden influences on other members of the mid-century Central European émigré community whose work helped shape twentieth-century social science in the United States. The book includes major contributions to the history of ideas and to the sociology of the professions in the U.S. academy in the twentieth century. Each section of the volume explores a different aspect of the puzzle of the neglect of Kelsen’s work in various disciplinary and national settings. Part I provides reconstructions of Kelsen’s legal theory and defends that theory against negative assessments in Anglo-American jurisprudence. Part II focuses both on Kelsen’s theoretical views on international law and his practical involvement in the post-war development of international criminal law. Part III addresses Kelsen’s theories of democracy and justice while placing him in dialogue with other major twentieth-century thinkers, including two fellow émigré scholars, Leo Strauss and Albert Ehrenzweig. Part IV explores Kelsen’s intellectual legacies through European and American perspectives on the interaction of Kelsen’s theoretical approach to law and national legal traditions in the United States and Germany. Each contribution features a particular applications of Kelsen’s approach to doctrinal and interpretive issues currently of interest in the legal academy. The volume concludes with two chapters on the nature of Kelsen’s legal theory as an instance of modernism.
E-Book Content
Law and Philosophy Library 116
D.A. Jeremy Telman Editor
Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence
Law and Philosophy Library Volume 116
Series editors Francisco J. Laporta Department of Law, Autonomous University of Madrid, Madrid, Spain Frederick Schauer School of Law, University of Virginia, Charlottesville, Virginia, U.S.A. Torben Spaak Department of Law, Stockholm University, Stockholm, Sweden
The Law and Philosophy Library, which has been in existence since 1985, aims to publish cutting edge works in the philosophy of law, and has a special history of publishing books that focus on legal reasoning and argumentation, including those that may involve somewhat formal methodologies. The series has published numerous important books on law and logic, law and artificial intelligence, law and language, and law and rhetoric. While continuing to stress these areas, the series has more recently expanded to include books on the intersection between law and the Continental philosophical tradition, consistent with the traditional openness of the series to books in the Continental jurisprudential tradition. The series is proud of the geographic diversity of its authors, and many have come from Latin America, Spain, Italy, the Netherlands, Germany, and Eastern Europe, as well, more obviously for an English-language series, from the United Kingdom, the United States, Australia, and Canada.
More information about this series at http://www.springer.com/series/6210
D.A. Jeremy Telman Editor
Hans Kelsen in America Selective Affinities and the Mysteries of Academic Influence
Editor D.A. Jeremy Telman Valparaiso University Law School Valparaiso, USA
ISSN 1572-4395 ISSN 2215-0315 (electronic) Law and Philosophy Library ISBN 978-3-319-33128-7 ISBN 978-3-319-33130-0 (eBook) DOI 10.1007/978-3-319-33130-0 Library of Congress Control Number: 2016943466 © Springer International Publishing Switzerland 2016 This work is subjec