Grundnorm – Gemeinwille – Geist 978-3-16-148177-2 - Mohr Siebeck
Law

Marco Haase

Grundnorm – Gemeinwille – Geist

Der Grund des Rechts nach Kelsen, Kant und Hegel

[Basic Norm – General Will – Human Spirit. The Foundation of Law according to Kelsen, Kant and Hegel.]

2004. XIII, 455 pages.
89,00 €
including VAT
cloth
ISBN 978-3-16-148177-2
available
Published in German.
Against the backdrop of the question of whether the sovereign state is still the appropriate form for human social existence, Marco Haase addresses the basic questions posed by the philosophy of law and of the state. The study focuses on Hegel's hermeneutic theory of law and the state, delimited on the one hand by Kelsen's positivist theory of law, and on the other by Kant's philosophy of natural law. In his analysis, Haase demonstrates the extent to which culture and law are mutually dependent.
Against the backdrop of the question of whether the sovereign state is still the appropriate form for human social existence, Marco Haase addresses the basic questions posed by the philosophy of law and of the state, starting with the epistemological question of what is meant by a social structure such as the state. In answering this question, he shows that the free, autonomous will is the reason that a state's legal system is valid and effective. The study focuses on Hegel's hermeneutic theory of law and the state, delimited on the one hand by Kelsen's positivist theory of law, and on the other by Kant's philosophy of natural law. In his analysis, Haase demonstrates the intrinsic connection between political philosophy and the other branches of philosophy, and the extent to which culture and law are mutually dependent.
Authors/Editors

Marco Haase Geboren 1967; Studium der Rechtswissenschaften und der Philosophie in Berlin, Grenoble, Freiburg und Edinburgh; 1994 Master of Science in Philosophie; 2002 Promotion; Rechtsanwalt in Berlin.

Reviews

The following reviews are known:

In: Hegel-Studien — 42 (2007), S. 176–179 (David P. Schweikard)
In: HRR-Strafrecht.de — 2006, 384–386 (Michael Pawlik)
In: Archiv für Rechts-u.Sozialphilos. — 2008, 276–279 (Steffen Augsberg)