{"title":"Kelsen’s Enemies","authors":"Robert Schuett","doi":"10.3366/edinburgh/9781474481687.003.0002","DOIUrl":"https://doi.org/10.3366/edinburgh/9781474481687.003.0002","url":null,"abstract":"Why is Kelsen such a consequential and controversial, perhaps even misunderstood, political thinker and actor? Who wants to make us believe that Kelsen was a naïve idealist dreaming up a Kantian peace and throwing white sand at battle cruisers? The chapter is a rebuttal of the many clichés propounded by Schmittians and the other pseudo-realists that are thrown at Kelsen and the project of a Pure theory of law, state, and international legal order. The fact that the FBI was after Kelsen as an alleged communist is as ridiculous as it is tragic, and even two of his own students, Hans J. Morgenthau and John H. Herz, did not seem to understand legal positivism’s cold analysis of political and international life. The same goes for the fact that Kelsen was, actually, a tough Freudian human nature realist who turned the tables on natural law ideologues. Who’s naïve now?","PeriodicalId":383487,"journal":{"name":"Hans Kelsen's Political Realism","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131434799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Kelsen’s Freudian Moment","authors":"Robert Schuett","doi":"10.3366/edinburgh/9781474481687.003.0004","DOIUrl":"https://doi.org/10.3366/edinburgh/9781474481687.003.0004","url":null,"abstract":"What makes Kelsen argue that we are no Kantian angels? Why is the Kelsenian state a centralised coercive order understood in terms of law as a system of norms? The chapter continues the exploration of Kelsen’s milieu and expands on it to examine how the impact of Freud’s psychology and philosophical anthropology on Kelsen’s thought relating to the dynamics of human nature, society, and the political as a problem of authority and obedience is shown to be real and profound. To zoom in on the core of Kelsen’s philosophy and political theory is to recapture a breathtakingly rich and realistic account of You and Me that makes clear, in the best of the Realist tradition, that where there is Us, the struggle for power and conflicts of interests are here to stay.","PeriodicalId":383487,"journal":{"name":"Hans Kelsen's Political Realism","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121896420","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Kelsen’s Foreign-Policy Realism","authors":"Robert Schuett","doi":"10.3366/edinburgh/9781474481687.003.0005","DOIUrl":"https://doi.org/10.3366/edinburgh/9781474481687.003.0005","url":null,"abstract":"What is the basis for the Schmittian claim that Kelsen’s theory of law, state, and international legal order is quintessentially idealistic? Why are we lured into believing that an ever more centralised legal mechanism at the global level is just another liberal international lawyer’s dream? Against the backdrop of Kelsen’s Freudian moment (first image), the chapter tests the jurist’s international relations thinking against Kenneth Waltz’s second and third images. It is shown that Kelsen is a hard-edged political realist who doesn’t believe in the democratic peace thesis; nor is he convinced that the fact of nationalism can be wished away when thinking about what might lead the way for global governance or a world state. The ‘other’ Kelsen is as realistic about the dynamics of international anarchy as about the dynamics of life, society, and politics in general: there’s no escaping the fact that, as long as there is no centralised force monopoly with teeth sitting on top of nations, there will be war.","PeriodicalId":383487,"journal":{"name":"Hans Kelsen's Political Realism","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116961671","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Kelsen’s Milieu","authors":"Robert Schuett","doi":"10.3366/edinburgh/9781474481687.003.0003","DOIUrl":"https://doi.org/10.3366/edinburgh/9781474481687.003.0003","url":null,"abstract":"Who shaped the early Kelsen’s style of thinking under the Kaiser? What were the intellectual circles in which he moved in fin-de-siècle Vienna and the interwar period before he left Austria for Cologne, Geneva, Prague, and the United States? The chapter explores ‘the other Kelsen’ by revisiting his formative years, as well as his work in the lecture halls of university and his high-profile roles in the War Ministry, Karl Renner’s state chancellery, and American foreign intelligence after escaping the fascist Continent. A reluctant jurist, Kelsen had a passion for philosophy and literature, and from Freud and the economists he learned that individual and social life was all about drives and desires, instincts and interests. Where Kelsen was, there was no land of utopia.","PeriodicalId":383487,"journal":{"name":"Hans Kelsen's Political Realism","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130622113","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Kelsen’s Style of Political Thinking","authors":"Robert Schuett","doi":"10.3366/edinburgh/9781474481687.003.0006","DOIUrl":"https://doi.org/10.3366/edinburgh/9781474481687.003.0006","url":null,"abstract":"What is political realism other than a form of political analysis and speaking truth to power? What is the national interest other than an ideological fiction of political idealism? The concluding chapter ties two intellectual halves together: there is Kelsen the gentle liberal and champion of open society ideals, and there is Kelsen the no-nonsense realist of political and international life. The synthesised progressive realist doesn’t believe in magic bullets or easy formulas: when it comes to the question of progress, there is the real You and the real Me, and in between, in some intimate place, is the twilight zone where the real political battle rages. What real realists do is take this struggle for power and peace to the international arena and work unceasingly towards global reform.","PeriodicalId":383487,"journal":{"name":"Hans Kelsen's Political Realism","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129222788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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