Suchergebnisse

1. Introduction -- 2. The Purity of the Pure Theory of Law -- I. What is the Pure Theory of Law? -- II. The Contest of Standpoints -- III. The Kantian Manoeuvre -- IV. The Purity of the Pure Theory -- V. The Primitive Function of the Law -- VI. The Demand Model of the Functioning of Law -- 3. Law as an Order of Force or Violence -- I. Law and Violence -- II. The Germ of Law -- III. Violence and Self-Help in Roman Law -- IV. The Effectiveness of Law -- V. Force as Content of the Law -- VI. Law and State -- VII. Criticism -- 4. Law as Permission -- I. Introduction -- II. Empowerment -- III. Permission -- IV. The Naturalistic Logic of Permission -- V. The Functioning of Permissions -- VI. Exclusionary Permissions? -- 5. The Law as a Schema of Interpretation -- I. Introduction -- II. Schemata, Fictions and Institutional Facts -- III. Schemata and Imagination -- IV. Law and Order -- 6. Normative Monism -- I. Introduction -- II. Legal Monism -- III. Normative Monism -- IV. The Great Incompatibility -- V. The Normative Jinx -- 7. Absolute Positivism -- I. Introduction -- II. Relative Positivism -- III. Absolute Positivism Projected -- IV. Agrippa's Trilemma -- V. Absolute Positivism Developed -- VI. Law as Legal Process -- VII. The Basic Norm -- 8. Conclusion

Kojève once wrote in a reply to Leo Strauss that the philosopher who contemplates action faces a conflict that constitutes the only authentic tragedy left in the Christian or bourgeois world:[T]he tragedy of Hamlet and of Faust. It is a tragic conflict because it is a conflict with no way out, a problem with no possible resolution.One is inclined to add that the acting philosopher has a notoriously comic side, too, a side that has been exploited throughout the history of literature, from Aristophanes' 'The Clouds' to the modern trope of the moronic impotence of the inept professor. But just as the comic fiction of Aristophanes' 'Clouds' ultimately turned out to have had an actual tragic effect on Socrates' life and death, so the modern depiction of the helpless philosopher is but a reflex on the troubled relation of philosophy and action.