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The problem of immoral integrityIn Thomas da Rosa de Bustamante & Margaret Martin (eds.), New essays on the Fish-Dworkin debate, Hart Publishing, an Imprint of Bloomsbury Publishing. 2023.
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7Pauer-Studer and Radbruch’s second thesisJurisprudence 14 (2): 282-290. 2023.Gustav Radbruch’s famous article Statutory Lawlessness and Supra-Statutory Law1 puts forward two key theses. The first of these, which will not concern me here, is a claim about the nature of law....
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32The guardian of the constitution: Hans Kelsen and Carl Schmitt on the limits of constitutional law (edited book)Cambridge University Press. 2015.This volume provides the first English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of constitutional review. It includes Kelsen's seminal piece, 'The Nature and Development of Constitutional Adjudication', as well as key extracts from the 'Guardian of the Constitution' which present Schmitt's argument against constitutional review. Also included are Kelsen's review of Schmitt's 'Guardian of the Constitution', as …Read more
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22Personality, authority, and self-esteem in Hobbes’s LeviathanIntellectual History Review 32 (1): 135-155. 2022.
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39Hans Kelsen and the material constitution of democracyJurisprudence 12 (4): 466-490. 2021.This paper aims to assess the relevance of the notion of the material constitution for democratic constitutional theory. It is argued that the concept of material constitution is a useful antidote...
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28Carl Schmitt and the authoritarian subversion of democracyPhilosophy and Social Criticism 47 (2): 173-177. 2021.‘Bill Scheuerman’s ‘The End of Law’ offers a compelling case for the claim that Carl Schmitt’s constitutional theory is not authentically democratic. This does not entail, however, that Schmitt’s views are of no relevance for understanding the contemporary crisis of democracy. Schmitt’s arguments offer a blueprint for the populist-authoritarian subversion of democracy. Defenders of democracy are therefore well-advised to engage with Schmitt’s ideas.’
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23Carl Schmitt's state and constitutional theory : A critical analysis. ByBenjamin Schupmann. Oxford: Oxford University Press, 2017 (review)Constellations 27 (2): 321-323. 2020.Constellations, EarlyView.
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14Volume 11, Issue 1, March 2020, Page 131-139.
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40Democratic equality and militant democracyConstellations 27 (4): 685-701. 2020.Constellations, EarlyView.
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39Does Freedom of Association Justify Restrictions on Immigration?Res Cogitans 10 (1). 2015.Christopher Wellman has argued that legitimate states enjoy a right to freedom of association that necessarily includes a right to exclude immigrants. This paper shows that Wellman’s argument for this conclusion is unsound since it is based on a construction of collective rights that is inapplicable to the rights of a state.
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The Kelsen-Hart Debate: Hart’s Critique of Kelsen’s Legal Monism ReconsideredIn D. A. Jeremy Telman (ed.), Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence, Springer Verlag. 2016.
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Schauer on the Differentiation of LawIn Nicoletta Ladavac & Christoph Bezemek (eds.), The Force of Law Reaffirmed: Frederick Schauer Meets the Critics, Springer Verlag. 2016.
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26Ernst-Wolfgang Böckenförde and the politics of constituent powerJurisprudence 10 (1): 15-38. 2018.ABSTRACTIt is often held that the legitimacy of a democratic constitution depends on its production by constituent power. This paper argues that the notion of legitimation by constituent power face...
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Hobbes on civic liberty and the rule of lawIn David Dyzenhaus & Thomas Poole (eds.), Hobbes and the law, Cambridge University Press. 2012.
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47Constitutional Indifferentism and Republican FreedomPolitical Theory 38 (6): 809-837. 2010.Neo-Republicans claim that Hobbes’s constitutional indifferentism (the view that we have no profound reason to prefer one constitutional form over another) is driven exclusively by a reductive understanding of liberty as non-interference. This paper argues that constitutional indifferentism is grounded in an analysis of the institutional presuppositions of well-functioning government that does not depend on a conception of liberty as mere non-interference. Hence, indifferentism cannot be refuted…Read more
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119Hans Kelsen's pure theory of law: legality and legitimacyOxford University Press. 2007.Three paradigms of legal positivism -- The pure theory of law : science or political theory? -- Kelsen's principles of legality -- Kelsen's theory of democracy : reconciliation with social order -- Democratic constitutionalism : Kelsen's theory of constitutional review -- Kelsen's legal cosmopolitanism -- Conclusions : the pure theory of law and contemporary positivism.
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1Austin, Kelsen, and the Model of SovereigntyCanadian Journal of Law and Jurisprudence 24 (2): 473-490. 2011.Hans Kelsen's critique of John Austin has so far attracted little attention among legal theorists. This article argues that Kelsen's attack on Austin anticipated the key elements of Hart's rejection of the Austinian conception of law as sanction-backed sovereign command. At the same time, the way in which Kelsen presents his critique of Austin's conception of sovereignty reveals important differences in purpose and intention between Kelsen's Pure Theory of Law and Hart's legal theory. The Pure T…Read more
Areas of Specialization
Philosophy of Law |
Social and Political Philosophy |
Areas of Interest
Medieval and Renaissance Philosophy |
17th/18th Century Philosophy |