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9780812233605 Academic Inspection Copy

Contemporary German Legal Philosophy

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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.
James E. Herget is Professor Emeritus at the University of Houston Law Center
Preface 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 Bibliography Index
"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)
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