Sovereignty: From the Bodinian Perspective in the Kelsen, Heller And Schmitt’s Insight

Authors

Keywords:

Jean Bodin, Weimar political doctrine, Legitimacy, Sovereignty, Legal positivism

Abstract

The conception of politics that the twentieth century has left us about the position that the State sovereignty occupies in the national and international level has its immediate reference point in three great authors who belong to the State of Weimar: Herman Heller, Carl Schmitt y Hans Kelsen. These authors have differing positions that will be cursorily covered perfunctorily. It is mostly in the emphasis they make on the legal role of political sovereignty where Jean Bodin’s influence that has had on the German author previously mentioned is shown. The positivity of law arises from the Sovereign Power since law is the main instrument of the political power.

Author Biography

Yamila Eliana Juri, Qellqasqa Editorial

Yamila Eliana Juri. Doctor of Law (National University of Cuyo UNCUYO). Postdoctoral fellow of the National Council for Scientific and Technical Research CONICET. Lawyer (University of Mendoza UM). Degree in Philosophy (Universidad del Norte Santo Tomás de Aquino UNSTA).

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Published

2022-03-23

How to Cite

Juri, Y. E. (2022). Sovereignty: From the Bodinian Perspective in the Kelsen, Heller And Schmitt’s Insight. República Y Derecho, 7(7), 1–24. Retrieved from https://revistaryd.derecho.uncu.edu.ar/index.php/revista/article/view/233

Issue

Vol. 7 No. 7 (2022): Vol. 7, N° 7 (2022): (Continuous publication) Dossier: Constitution and Democracy. Reflections on "Law as a conversation between equals" by Roberto Gargarella

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Articles

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Copyright (c) 2022 Yamila Eliana Juri

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