Constitutionalism and the Myth of Practical Reason: Kelsenian Responses to Methodological Problems

@article{Kammerhofer2010ConstitutionalismAT,
  title={Constitutionalism and the Myth of Practical Reason: Kelsenian Responses to Methodological Problems},
  author={J{\"o}rg Kammerhofer},
  journal={Leiden Journal of International Law},
  year={2010},
  volume={23},
  pages={723 - 740}
}
Abstract While today a significant stream of European scholarship of international law is concerned with the process and consequences of its constitutionalization, criticism of this trend has so far been muted. This article, using elements of the Pure Theory of Law, argues that constitutionalist writings confound methodologies, that scholarship claims competencies which it does not have, and that this confusion diminishes the benefits of the constitutionalist project for international law. The… Expand
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References

SHOWING 1-10 OF 30 REFERENCES
Constitutionalism as Mindset: Reflections on Kantian Themes About International Law and Globalization
Globalization is a topic of some anxiety among international lawyers. On the one hand, its fluid dynamics — fragmentation, deformalization and empire — undermine traditional diplomatic rules andExpand
Changing Conceptions of Constitutionalism in the Era of World War II and the Cold War
CONSTITUTIONALISM iS one of the major themes in western political thought which has occupied a preeminent place in the American political tradition. Whatever else is said about the way AmericansExpand
The Natural-Law Doctrine Before the Tribunal of Science
T HE NATURAL-LAW doctrine undertakes to supply a definitive solution to the eternal problem of justice, to answer the question as to what is right and wrong in the mutual relations of men. The answerExpand
Theory and Practice of Treaty Interpretation
Treaty interpretation is a matter of legal methodology, a comprehensive notion embracing a great variety of subjects. In the Diagram published together with this study, the present writer gives hisExpand
Is There Something Like a Constitution of International Law? A Critical Analysis of the Debate on World Constitutionalism
In recent years, the concept of world constitutionalism has become remarkably popular among international legal scholars. In our view, the debate suffers from two “blind spots”. On the one hand,Expand
Probleme der Stufenbaulehre: Das Scheitern des Ableitungsgedankens und die Aussichten der Reinen Rechtslehre
The Stufenbaulehre (SL) is a central and founding element of the Pure Theory of Law (PTL). Most of the criticism on SL targets the idea of the basic norm (Grundnorm), however unjustified. ThisExpand
The International Constitutional Order
  • E. D. Wet
  • Political Science, Sociology
  • International and Comparative Law Quarterly
  • 2006
Constitutionalism is a deeply contested but indispensable symbolic and normative frame for thinking about the problems of viable and legitimate regulation of the complexily overlapping politicalExpand
Norms as reasons for Action
Social norms are based on social standards. The relevant standards come in two forms. Compliance with social standards of evaluation may be understood as goal-oriented behavior under the constraintsExpand
Prolegomena einer Theorie des rechtlichen Stufenbaues
Die Reehtsordnung ist eine Summe zusammenhiingender Rechta· sat... Eine Strukturanalyae der Rechtaordnung erkennt in ihren Rechts· satzan nieht nur eine sehier unerseMpiliehe Zahl an R e e h t s i nExpand
Hans Kelsens Begriff der Verfassung
  • Hans Kelsen. Staatsrechtslehrer und Rechtstheoretiker des 20
  • 2005
...
1
2
3
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