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The Essence and Value of Democracy

Hans Kelsen

Legal positivism / democracy

It is a foundational legal-positivist defense of democracy and a direct counter to Schmitt's authoritarian critique.

Synopsis

Kelsen defends democracy as a procedural framework grounded in relativism, compromise, and respect for minorities rather than in any absolute truth.

Core passage idea

Paraphrase · Modern copyrighted work

Because no one can claim to possess absolute political truth, democracy's value lies in letting differences compete and compromise rather than imposing one certainty by force.

It ties the case for democracy to humility about truth, making toleration and procedure its core virtues.

To avoid a bubble

Pair with Carl Schmitt, The Crisis of Parliamentary Democracy.

Reading note

Read it as Kelsen's principled answer to those who demand substantive certainty over democratic procedure.

Best paired with

Carl Schmitt, The Crisis of Parliamentary Democracy

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