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Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition. This edited collection commences with a comprehensive introduction which establishes the character of Kelsen’s critical engagement as a general critique of natural law combined with a more specific critique of representative thinkers of the Natural Law Tradition. The subsequent chapters are then devoted to a detailed analysis of Kelsen’s engagement with prominent theorists from the Natural Law Tradition. The volume concludes with an exploration, focusing upon the delineation of a non-positivist legal theory in the debate between Robert Alexy and Joseph Raz, of the continued presence of Kelsenian legal positivism in contemporary legal theory.
During the long eighteenth century, Europe's travelers, scholars, and intellectuals looked to Asia in a spirit of puzzlement, irony, and openness. In this panoramic and colorful book, Jürgen Osterhammel tells the story of the European Enlightenment's nuanced encounter with the great civilizations of the East, from the Ottoman Empire and India to China and Japan. Here is the acclaimed book that challenges the notion that Europe's formative engagement with the non-European world was invariably marred by an imperial gaze and presumptions of Western superiority. Osterhammel shows how major figures such as Leibniz, Voltaire, Gibbon, and Hegel took a keen interest in Asian culture and history, an...
This is the first comprehensive, multi-author survey of German history that features cutting-edge syntheses of major topics by an international team of leading scholars. Emphasizing demographic, economic, and political history, this Handbook places German history in a denser transnational context than any other general history of Germany. It underscores the centrality of war to the unfolding of German history, and shows how it dramatically affected the development of German nationalism and the structure of German politics. It also reaches out to scholars and students beyond the field of history with detailed and cutting-edge chapters on religious history and on literary history, as well as t...
CHOICE Outstanding Academic Title 2017 This book examines the 1871 unification of Germany through the prism of one of its 'forgotten states', the Kingdom of Württemberg. It moves beyond the traditional argument for the importance of the great powers of Austria and Prussia in controlling German destiny at this time. Bodie A. Ashton champions the significance of Württemberg and as a result all 38 German states in the unification process, noting that each had their own institutions and traditions that proved vital to the eventual shape of German unity. The Kingdom of Württemberg and the Making of Germany, 1815-1871 demonstrates that the state's government was dynamic and in full control of i...
"Canonical theorists of sovereignty (Hobbes, Rousseau, and others) put the monopoly of power at the center of their definitions. These thinkers abstracted from western European experiences to universal norms. In the wake of their transformative contributions, states that did not fit the model appeared to be underdeveloped or deviant. Labels such as "provisional" or "irregular" rendered them irrelevant to theorizing and, worse, political problems that needed to be solved. One early "anomaly," says historian Natasha Wheatley, was the Habsburg Empire. Layered as it was with imperial, national, and regional sovereignty, its trajectory was not one of progress toward a unitary state. Instead, it e...
Moving book history in a new direction, this study examines publishers as brokers of Central Europe's political public sphere. They created international print markets, translated new texts, launched new journals, supported outspoken authors, and experimented with popular formats. Most of all, they contested censorship with finesse and resolve, thereby undermining the aim of Prussia and Austria to criminalize democratic thought. By packaging dissent through popular media, publishers cultivated broad readerships, promoted political literacy, and refashioned citizenship ideals. As political actors, intellectual midwives, and cultural mediators, publishers speak to a broad range of scholarly in...
Austria 1867-1955 connects the political history of German-speaking provinces of the Habsburg Empire before 1914 (Vienna and the Alpine Lands) with the history of the Austrian Republic that emerged in 1918. John W. Boyer presents the case of modern Austria as a fascinating example of democratic nation-building. The construction of an Austrian political nation began in 1867 under Habsburg Imperial auspices, with the German-speaking bourgeois Liberals defining the concept of a political people (Volk) and giving that Volk a constitution and a liberal legal and parliamentary order to protect their rights against the Crown. The decades that followed saw the administrative and judicial institution...
Peripheral cultures have been largely absent from the European canon of historiography. Seeking to redress the balance, Monika Baár discusses the achievements of five East-Central European historians in the nineteenth century: Joachim Lelewel (Polish); Simonas Daukantas (Lithuanian); Frantisek Palacký (Czech); Mihály Horváth (Hungarian) and Mihail Kogalniceanu (Romanian). Comparing their efforts to promote a unified vision of national culture in their respective countries, Baár illuminates the complexities of historical writing in the region in the nineteenth century. Drawing on previously untranslated documents, Baár reconstructs the scholars' shared intellectual background and their nationalistic aims, arguing that historians on the European periphery made significant contributions to historical writing, and had far more in common with their Western and Central European contemporaries than has been previously assumed.
This final volume of Derek Beales's magisterial biography of the emperor Joseph II describes the critical period when he was sole ruler of the Austrian monarchy. Explaining his motivation and showing how his ideas developed, Derek Beales reveals that Joseph left an ineffaceable mark on all his lands.
This volume explores the intersection between Translation Studies and History and Philosophy of Science to shed light on the workings of scientific communities, the dissemination of knowledge across languages and cultures, and the transformation in the process of that knowledge and of the scientific communities involved, among other issues. Through a diachronic approach, from some chapters focussing on early modernity to others that explore the final decades of the twentieth century, and by considering myriad languages, from Latin to Hindi, the twelve chapters of this volume reflect specifically on: (A) processes of the construction and dissemination of knowledge through the work of specific agents (whether individuals or collectives); (B) the implementation of particular linguistic strategies and visual tools in the translation of knowledge and in the diffusion of translated knowledge; and (C) the role of institutions and governments in the devising and implementation of translation policies, as well as the impact of these.