Contemporary German Legal Philosophy
Published by: University of Pennsylvania Press, Inc.
224 pages, 0.00 x 0.00 x 0.00
- ISBN: 9781512802580
- Published: November 2017
James Herget explains to American legal scholars and students the main points of the characteristic legal philosophy that has developed in the German-speaking world since World War II. After a historical introduction and overview, he discusses critical rationalism, discourse theory, rhetorical theory, systems theory, and institutional legal positivism. He concludes with a general assessment and appends biographical information.
Written for American legal scholars and students, who traditionally are exposed only to filtered versions of comparative legal traditions, this volume introduces a new world of legal theory that resonates within the context of other contemporary disciplines and German intellectual history.
1. Historical Introduction
2. A Summary Catalog of Contemporary Scholarship
3. Critical Rationalism
4. Discourse Theory
5. Rhetorical Theory
6. Systems Theory
7. Institutional Legal Positivism
8. An Assessment of German Legal Philosophy
Appendix: Biographical Information
"Herget has scoured the literature of German legal thought, organized that thought into interesting and intelligible categories, and presented each school of thought in an imaginative way. . . . [It] is a body of knowledge fascinating for its content, illuminating for its insight, and relevant to American legal philosophy as well as comparative law."—Donald P. Kommers, University of Notre Dame