Language:
English
Year of publication:
1998
Titel der Quelle:
Israel Law Review
Angaben zur Quelle:
32,2 (1998) 183-249
Keywords:
Schmitt, Carl,
;
Kelsen, Hans,
;
National socialism Philosophy
;
Holocaust, Jewish (1939-1945)
Abstract:
Examines the intense hostile reaction of Nazi scholars to the normativist-positivist legal theory of Hans Kelsen (1881-1973), the Jewish jurist born in Prague, who was a professor of law in Vienna, Köln, and Prague. Kelsen's positivist theory was intrinsically linked to the idea of a liberal democracy. Analyzes, in particular, Carl Schmitt's criticism of Kelsen's normativism, noting the fact that both jurists used theology extensively in their jurisprudential theories. Kelsen criticized Schmitt for his method of using theoretical, "scientific" insights in order to further political ends. Pp. 208-229 contain an explication of the irrational dimensions of Schmitt's legal thought, involving myth, eschatology, and antisemitism. Pp. 229-241 deal with criticism of Kelsen by other Nazi scholars, including expressions of antisemitism. Concludes with a discussion of similarities between the Nazi opposition to normativism and present-day postmodern tendencies of thought.
Note:
Mainly on Carl Schmitt's critique of Kelsen.
,
Appeared also in "Hans Kelsen and Carl Schmitt; a Juxtaposition" (1999).
URL:
Locate this publication in Israeli libraries
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