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Law and Philosophy Library

Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence

Editors: Telman, D.A. Jeremy (Ed.)

  • Is the first to deal with the interdisciplinary mystery of Hans Kelsen’s lack of influence in the United States
  • Brings together leading Kelsen experts from Europe and the United States
  • Includes contributions from historians, political scientists and legal scholars
  • Introduces U.S. legal scholars to Kelsen’s unique contributions in the fields​​ of law, politics and history
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eBook $79.99
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  • ISBN 978-3-319-33130-0
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  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $109.00
price for USA
  • ISBN 978-3-319-33128-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

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.

About the authors

D. A. Jeremy Telman is a Professor at the Valparaiso University Law School, where he teaches contracts and various courses in public international law. He earned a J.D. from the New York University School of Law and a Ph.D. modern European history from Cornell University. His main scholarly and teaching interests lie at the intersection of public international law and U.S. constitutional law, and his scholarship has appeared in Austrian, French, German, Indian, Israeli, South African U.K. and U.S. publications.

Table of contents (18 chapters)

  • Introduction: Hans Kelsen for Americans

    Telman, D. A. Jeremy

    Pages 1-13

  • Kelsen in the United States: Still Misunderstood

    Bix, Brian H.

    Pages 17-29

  • Marmor’s Kelsen

    Green, Michael S.

    Pages 31-55

  • The Kelsen-Hart Debate: Hart’s Critique of Kelsen’s Legal Monism Reconsidered

    Vinx, Lars

    Pages 59-83

  • Peace and Global Justice through Prosecuting the Crime of Aggression? Kelsen and Morgenthau on the Nuremberg Trials and the International Judicial Function

    Bernstorff, Jochen

    Pages 85-99

Buy this book

eBook $79.99
price for USA (gross)
  • ISBN 978-3-319-33130-0
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $109.00
price for USA
  • ISBN 978-3-319-33128-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence
Editors
  • D.A. Jeremy Telman
Series Title
Law and Philosophy Library
Series Volume
116
Copyright
2016
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-33130-0
DOI
10.1007/978-3-319-33130-0
Hardcover ISBN
978-3-319-33128-7
Series ISSN
1572-4395
Edition Number
1
Number of Pages
X, 368
Topics