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Full-Text Articles in Political Science

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram Oct 2013

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual ...


Justice Across The Hemispheres: The Effect Of The Pinochet Arrest On Domestic Courts In Chile And Spain, Audrey A. Hansen Apr 2013

Justice Across The Hemispheres: The Effect Of The Pinochet Arrest On Domestic Courts In Chile And Spain, Audrey A. Hansen

Honors Theses and Capstones

This study examines whether the 1998 arrest, by order of a Spanish judge, of former Chilean President Augusto Pinochet in London for crimes of genocide and terrorism impacted the attitude of Chilean and Spanish courts toward prosecuting their own country’s human rights violations. It argues that after 1998 Chile’s judiciary increased prosecutions against former regime officials, while the Spanish judiciary upheld Spain’s 1977 Amnesty Law and declined to participate in the national discourse on the country’s past human rights violations. This research includes a comparative case study of Chile and Spain, their recent histories, their judiciaries ...


Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram Jan 2013

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual ...