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Souveräne Staatsgewalt nach der Lehre Hermann Hellers und potestas superiorem non recognoscens bei Vitoria und Suárez im Vergleich

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This article means to show how Aristotelian second scholasticism on the one hand, and Hermann Heller on the other, converge to assert the supremacy of political power, the politicity of positive law, the independence of the political community and its role as a primary subject of international law. These coincidences between the founders of modern international law and the great theoretician of the State become evident not in their respective philosophical premises, but, above all, in their conclusions on the properties they attribute to the political community. Furthermore, as it is also stated in this article, the principles put forward by Vitoria, Suárez and Heller have not lost their deontic value and constitute objective legitimacy bases on which contemporary political processes may be judged.
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Language: German

Document Type: Research Article

Publication date: January 1, 2014

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  • Archiv für Rechts- und Sozialphilosophie, edited by authorisation of the International Association for Philosophy of Law and Social Philosophy (IVR), is an international, peer-reviewed journal, first published in 1907. It features original articles on philosophical research on legal and social questions, covering all aspects of social and legal life.
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