The separability thesis claims that the concept of law can be explicated independently of morality, the normativity thesis, that it can be explicated independently of fact. Continental normativism, prominent above all in the work of Hans Kelsen, may be characterized in terms of the coupling of these theses. Like Kelsen, H. L. A. Hart is a proponent of the separability thesis. And–a leitmotiv–both theorists reject reductive legal positivism. They do not, however, reject it for the same reasons. Kelsen's reason, in (...) a word, is the normativity thesis. Hart, however, grounds his theory in social fact. In place of the reductive thesis of the legal positivist tradition, and in sharp contrast to Kelsen's normativity thesis, Hart defends a non‐reductive version of what the author terms the facticity thesis. (shrink)

Authority qua empowerment is theweak reading of authority in Hans Kelsen's writings.On the one hand, this reading appears to beunresponsive to the problem of authority as we know itfrom the tradition. On the other hand, it squares withlegal positivism. Is Kelsen a legal positivist?Not without qualification. For he defends anormativity thesis along with the separation thesis,and it is at any rate arguable that the normativitythesis mandates a stronger reading of authority thanthat modelled on empowerment. I offer, in the paper,a prima (...) facie case on behalf of a stronger reading ofauthority in Kelsen. I go on to argue, however, thatthe textual evidence weighs heavily in favour of theweak reading. Both nomostatics and nomodynamics arepervasive points of view in the Pure Theory of Law,and both reflect species of empowerment as theendpoint of Kelsen's reconstructions. (shrink)

This chapter traces the intellectual relationship between Hans Kelsen and Carl Schmitt. It is well known that the two legal thinkers had sharply contrasting views on sovereignty, democracy, and the role of unity in the law and in politics. Less well known is Schmitt’s proximity, in his very early work, to Kelsen on certain issues, such as the “is”-“ought” distinction and “points of imputation.” This proximity was short-lived, and the discord between their views increased over time, culminating in the Weimar (...) period in their diametrically opposed views on the “guardian” of the constitution. This chapter reconstructs the evolution of this intellectual antagonism, exploring Schmitt’s arguments under four rubrics: subsumption, the narrow interpretation of “material facts,” the political dimension of the judicial decision, and the neutrality of the Reich president. The thrust of Kelsen’s replies is captured in the idea that Schmitt is engaged in political ideology. (shrink)

Exploring the economic, cultural and political role of slavery in different societies, this volume includes selections from historians, economists and contemporaries - from those enslaved as well as from free members of slave owning societies.

Following Einstein's prediction of the gravitational bending of light, and in the course of experimental work aimed at its verification, only sporadic and at times misleading references have been made to Johann Georg von Soldner. In a paper published in 1804, Soldner derived the gravitational bending of light on the classical Newtonian basis and calculated its value around the sun with remarkable accuracy. Soldner's paper, inaccessible even in German, is now presented in English translation and put in the perspective of (...) Soldner's life and the science of his day and ours. (shrink)

This work represents Dr. Jaki's rebuttal of contemporary claims about the existence of, or possibility for, man-made minds. His method includes a meticulously documtned survey of computer development, a review of the relevant results of brain research, and an evaluation of the accomplishments of physicalist schools in psychology, symbolic logic, and linguistics.

Despite far‐reaching historical and political differences, and despite legal systems that reflect altogether different traditions, the United States and Austria manifest striking similarities where some aspects of their respective development of constitutional review are concerned. For example, on the constitutional review of federalist issues (competing claims of federal and state law), the review power was there from the beginning in both countries. And both countries developed a power of constitutional review reaching to the enactments of the federal legislature. In a (...) brief sketch of aspects of the early development of constitutional review in both countries, the author looks, in particular, to the kinds of arguments made on behalf of constitutional review in the American and Austrian legal systems. (shrink)

Book reviewed:Adolf Julius Merkl, Gesammelte Schriften.

This chapter deals with the background and implementation of the registration of slaves on the island of Trinidad after 1813. Registration was introduced by James Stephen in the British Colonial Office as a means of limiting the inflow of slaves in the illegal slave trade. Slave registration was extended to the other British colonies and then extended every three years until the end of slavery in 1834. Other registrations of slaves are noted, including the manifests of the coastal shipping of (...) slaves in the USA after 1808. (shrink)

Hans Kelsen's legal philosophy and legal theory is regarded by many in the field as the most influential theory in this century. This volume makes available some of the best work extant on Kelsens' theory, including papers newly translated into English. It covers topics such as competing philosophical positons on the nature of law, legal validity, legal powers, and the unity of municipal and international law, as well as shedding light on Kelsen's intellectual milieu and his intellectual debts.