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From Rechtsstaat To Universal Law State
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Book Synopsis From Rechtsstaat to Universal Law-State by : Åke Frändberg
Download or read book From Rechtsstaat to Universal Law-State written by Åke Frändberg and published by Springer. This book was released on 2014-07-03 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the author investigates what is common to the German idea of the Rechtsstaat and the Anglo-American idea of the Rule of Law. He argues that, although dressed up in rather different garb, these two concepts are in fact based on the same fundamental idea and stand for the same values (“the law-state values”) – all ideas that are in the European tradition older than their British and German variants. The fundamental idea is that the individual shall enjoy legal protection against infringements brought about by the exercise of power on the part of the state. In the book basic concepts such as legality, legal equality, legal certainty, legal accessibility and legal security are investigated. Also explored are their mutual relations, in particular, conflicts between them. Furthermore, the book offers practical advice on realising and sustaining these values in practice. Finally, it is argued that the characteristic law-state values can only be justified by reference to an even more fundamental humanistic idea, namely, what the author calls “a life of human dignity”.
Book Synopsis From Rechtsstaat to Universal Law-State by : Ake Frändberg
Download or read book From Rechtsstaat to Universal Law-State written by Ake Frändberg and published by Springer. This book was released on 2014-07-09 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the author investigates what is common to the German idea of the Rechtsstaat and the Anglo-American idea of the Rule of Law. He argues that, although dressed up in rather different garb, these two concepts are in fact based on the same fundamental idea and stand for the same values (“the law-state values”) – all ideas that are in the European tradition older than their British and German variants. The fundamental idea is that the individual shall enjoy legal protection against infringements brought about by the exercise of power on the part of the state. In the book basic concepts such as legality, legal equality, legal certainty, legal accessibility and legal security are investigated. Also explored are their mutual relations, in particular, conflicts between them. Furthermore, the book offers practical advice on realising and sustaining these values in practice. Finally, it is argued that the characteristic law-state values can only be justified by reference to an even more fundamental humanistic idea, namely, what the author calls “a life of human dignity”.
Book Synopsis The State of Law by : Ulrich von Alemann
Download or read book The State of Law written by Ulrich von Alemann and published by Walter de Gruyter GmbH & Co KG. This book was released on 2017-09-30 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the result of the first interdisciplinary conference in Vietnam which took place on "the Rule of Law." Instead of beginning immediately with a highly specialized debate from the perspective of one single academic discipline, we started to discuss numerous facets of the subject arising from a multidisciplinary dialogue. For this reason, the contributions for this publication come from various scientific disciplines in Vietnam and Germany: political, historical, social, economic and legal sciences, but also members of Vietnamese governmental and non-governmental organizations. The aim of the volume is to open up a dialogue about the Rule of Law between two very different legal cultures, the German-European and the Vietnamese-Southeast Asian.
Download or read book The Legal Order written by Åke Frändberg and published by Springer. This book was released on 2018-08-16 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this monograph a fundamental distinction is made between law and juridical thinking. Law is the content of legal rules and the systems of legal rules. Juridical thinking is the handling of the law by the lawyers. To this distinction corresponds a basic distinction between the language of law and the language of juridical thinking, and correlatively, between L-concepts (law concepts) and J-concepts (juridical or jurisprudential concepts). The monograph is devoted to the J-concepts, especially of technical (not ideological or evaluative) J-concepts. Four kinds of J-concepts are investigated: morphological J-concepts, those that help us to structure the law in a logical and functional way; topological J-concepts, those that help us to indicate the phenomena to which the law is applicable, and to separate the areas of application for different legal systems; praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law. The work can be characterised as presenting a lawyer ́s philosophy of law.
Book Synopsis CETA's Investment Chapter by : Kriton Dionysiou
Download or read book CETA's Investment Chapter written by Kriton Dionysiou and published by Springer Nature. This book was released on 2021-01-31 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive account of the CETA Investment Chapter’s ability to overcome the legitimacy crisis facing investment arbitration. To do so, it first examines the root causes behind the legitimacy crisis, ultimately arguing that it reflects a fundamental rule of law crisis within investment arbitration. In particular, it asserts that the normative standpoints of the legitimacy crisis form part of the rule of law, the uniting legal principle from which the legitimacy concerns stem. The book contends that the rule of law is not only the principal normative and causal assumption on which the legitimacy concerns are based, but that it could also be utilized as a platform to evaluate the investment arbitration mechanism in CETA's Investment Chapter. Based on this, the book evaluates CETA's Investment Chapter through the rule of law framework in order to provide a convincing account of the latter's ability to overcome the legitimacy crisis facing investment arbitration. It concludes that CETA's Investment Chapter is unlikely to completely solve the legitimacy crisis simply because it is just a patchwork of reforms rather than a comprehensive reinvention of the substantive and procedural law of investment arbitration. Lastly, the book offers meaningful insights into the way the challenges presented by investment arbitration should be addressed. The book is intended for academics researching international investment law and arbitration as well as for policy-makers focusing on reforming investor-state dispute settlement.
Book Synopsis The Rule of Laws Anatomy in the EU by : Allan Rosas
Download or read book The Rule of Laws Anatomy in the EU written by Allan Rosas and published by Bloomsbury Publishing. This book was released on 2023-06-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study, with its approach rooted in EU law and its clear focus on conceptual underpinnings, grapples with one of the most challenging questions facing constitutional lawyers today; namely the rule of law. Drawing on the expertise of leading scholars and judges at the forefront of the question, it takes a dual approach. It opens by setting out the foundations of the rule of law, including legal certainty, democratic principles and judicial independence. It goes on to explore the protections that can be relied upon, from policy developments, to human rights sanctions, and infringement actions. This is a rapidly developing question in EU constitutional law, so this masterful collection will be welcomed by both scholars and policy-makers in the field.
Book Synopsis The Cambridge Handbook of New Human Rights by : Andreas von Arnauld
Download or read book The Cambridge Handbook of New Human Rights written by Andreas von Arnauld and published by Cambridge University Press. This book was released on 2020-01-02 with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
Book Synopsis German Political Philosophy by : Chris Thornhill
Download or read book German Political Philosophy written by Chris Thornhill and published by Routledge. This book was released on 2007-01-24 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book combines philosophical, intellectual-historical and political-theoretical methodologies to provide a new synoptic reading of the history of German political philosophy. Incorporating chapters on the political ideas of Luther and Zwingli, on the politics of the early Enlightenment, on Idealism, on Historicism and Lukács, on early Twentieth-Century political theology, on the Frankfurt School, and on Habermas and Luhmann, the book sets out both a broad and a detailed discussion of German political reflection from the Reformation to the present. In doing so, it explains how the development of German political philosophy is marked by a continual concern with certain unresolved and recurrent problems. It claims that all the major positions address questions relating to the origin of law, that all seek to account for the relation between legal validity and metaphysical and theological superstructures, and that all are centred on the attempt to conceptualise and reconstruct the character of the legal subject.
Author :Hugo Tristram Engelhardt (Jr.) Publisher :Springer Science & Business Media ISBN 13 :9780792326298 Total Pages :280 pages Book Rating :4.3/5 (262 download)
Book Synopsis Hegel Reconsidered by : Hugo Tristram Engelhardt (Jr.)
Download or read book Hegel Reconsidered written by Hugo Tristram Engelhardt (Jr.) and published by Springer Science & Business Media. This book was released on 1994-04-30 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of contemporary philosophy, political theory, and social thought has been shaped directly or indirectly by Georg Wilhelm Friedrich Hegel, though there is considerable disagreement about how his work should be understood. He has been described both as a metaphysician and characterized as an ironic narrator who anticipated the character of philosophy after metaphysics. His position is equally ambiguous with regard to his political thought. He has been construed both as an enemy of the liberal state and as a friend of freedom. This volume's revisionist reassessment, building on the scholarship of Klaus Hartmann, explores these ambiguities in favor of a non-metaphysical reading of Hegel's arguments. It also shows how the foundations of his political thought support a liberal democratic state. This reappraisal of Hegel's arguments resituates him as a philosopher who anticipates the difficulties of post-modernity and offers a basis for reassessing ontology, aesthetics, and revolution. Philosophers and those doing work in political theory will find this volume of great interest.
Book Synopsis International Law and the Environment by : Tuomas Kuokkanen
Download or read book International Law and the Environment written by Tuomas Kuokkanen and published by BRILL. This book was released on 2002-10-01 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book makes an original and modern contribution to the study of "international environmental law", addressing its development over three time periods: the traditional period, the modern era, and the post-modern period. Kuokkanen's thesis is this: in the traditional period there was no clear distinction between the protection of the environment and the exploitation of natural resources; during the modern period the subjects became completely separated; and in the post-modern era there has been an effort to reconcile economic interests and environmental concerns. The work challenges the reader to think about international environmental law and its development within a broader framework, and through a lens which differs from that taken elsewhere. The book presents an impressive panorama of the principal international legal developments over the past century in this area, and successfully pinpoints the tensions between environmental and economic objects over the past century. A timely and important contribution.
Book Synopsis Unintended Affinities by : Adam Kozuchowski
Download or read book Unintended Affinities written by Adam Kozuchowski and published by University of Pittsburgh Press. This book was released on 2019-05-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unintended Affinities examines the ways in which German and Polish historians of the nineteenth-century regarded the Holy Roman Empire and the Polish-Lithuanian Commonwealth. The book parallels how historians approached the old Reich and the Commonwealth within the framework of their national history. Kożuchowski analyzes how German and Polish nationalistic historians, who played central roles in propagandizing a glorious past that justified a centralized modern state, struggled with how to portray the very decentralized and multi-ethnic empires that preceded their time.
Book Synopsis Philosophical Foundations of Constitutional Law by : David Dyzenhaus
Download or read book Philosophical Foundations of Constitutional Law written by David Dyzenhaus and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of essays from leading constitutional lawyers and theorists, examining the philosophical foundations of constitutional law and the issues that arise from the fundamental philosophical issues raised by the idea of a constitution.
Download or read book State Theory written by Bob Jessop and published by Penn State Press. This book was released on 1990 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume develops a novel approach to state theory. It offers a comprehensive review of the existing literature on the state and sets a new agenda for state research. Four central themes define the scope of the book: an account of the bases of the operational autonomy of the state; the need to develop state theory as part of a more general social theory; the possibilities of explaining "capitalist societalization" without assuming that the economy is the ultimate determinate of societal dynamics; and a defense of the method of articulation in theory construction. In developing these issues, Bob Jessop both builds on and goes well beyond the view presented in his earlier books, The Capitalist State (1982) and Nicos Poulantzas (1985). The result is a highly original statement that should stimulate much debate. The volume confirms the author's standing as one of the most important postwar Marxist state theorists.
Book Synopsis The New Way Of The World by : Pierre Dardot
Download or read book The New Way Of The World written by Pierre Dardot and published by Verso Books. This book was released on 2014-02-04 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is new about neoliberalism? Pierre Dardot and Christian Laval contend that it is more than just a new economic paradigm — it is a system for transforming the human subject. Rather than a return to classic liberalism, or the restoration of a ‘pure’, unconstrained market, neoliberalism envisages the modern corporation as a model for government, conjuring a future in which society is nothing other than a web of market-based relations. Cutting through contemporary misunderstandings about its genesis and prevalence, Dardot and Laval distil neoliberalism to its core meaning and examine how it might be challenged on new political and intellectual terms.
Author :International Association for Philosophy of Law and Social Philosophy. World Congress Publisher :Franz Steiner Verlag ISBN 13 :9783515083621 Total Pages :200 pages Book Rating :4.0/5 (836 download)
Book Synopsis Pluralism and Law: State, nation, community, civil society by : International Association for Philosophy of Law and Social Philosophy. World Congress
Download or read book Pluralism and Law: State, nation, community, civil society written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2003 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents Luigi Ferrajoli: Past and Future of the State under Law u Mauro Zamboni: oRechtsstaato: What is it that Swedish development assistance, organisatons oexporto? u Hans Gribnau: Legal Principles and Legislative Instrumentalism u Maria Jose Falcon y Tella: Justified Illegality: The Question of Civil Disobedience u Hideo Sasakura: How should we discuss the Right of Resistance today? u K. Papageorgiou: Nations, persons, rights and responsibilities u M.N.S. Sellers: The Right to Secede u Stephan Kirste: Constitution and Time u Nicholas Aroney: Towards a General Theory of the Formation and Amendment of Federal Constitutions: A Comparative Study u Adriaan Anderson: Prosecuting Crime in a Constitutional State: The Recent South African Experience u Luis Villar-Borda: The Role of the Constitutional Court in the Advance of Law in a Developing Country u Marcela Forero: Colombia: a Multisovereignty State u Samuli Hurri: What of Tomorrow's Citizenship? Universal and Politics in Hannah Arendt and Jurgen Habermas u Marcelo Campos Galuppo: Constitutional Hermeneutics and Pluralism u Francoise Michaut: Pluralism in Law in Robert Cover's Writings u E. A. Huppes-Cluysenaer: Informal Rules do not Exist u Niels F. van Manen: The legal recognition of distinct communities u Peter Koller: Law and Virtue u Carl Lebeck: Coercion, co-ordination and normativity - towards a refined distinction between positive and negative rights u Sheldon Wein: Moral Pluralism and the Rule of Law.
Book Synopsis Hegel's Political Philosophy by : Georg Wilhelm Friedrich Hegel
Download or read book Hegel's Political Philosophy written by Georg Wilhelm Friedrich Hegel and published by CUP Archive. This book was released on 1971-09 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1971, this volume was created to commemorate the bicentenary of Hegel's birth in 1770. Thirteen essays are included from experts with diverse approaches, concentrating on the central issues of Hegel's political philosophy, and covering all of the major political works. These essays demonstrate the vitality of Hegel's philosophical perspective, engaging the reader and providing a way into the often difficult explication of his ideas. Whilst this is a commemorative edition, and the views put forward are broadly sympathetic, a critical distance is maintained, allowing for numerous fresh insights. Accessible and highly informative, this book will be of value to anyone with an interest in Hegelian thought and its political implications.
Book Synopsis Research Handbook on Critical Legal Theory by : Emilios Christodoulidis
Download or read book Research Handbook on Critical Legal Theory written by Emilios Christodoulidis and published by Edward Elgar Publishing. This book was released on 2019 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical theory, characteristically linked with the politics of theoretical engagement, covers the manifold of the connections between theory and praxis. This thought-provoking Research Handbook captures the broad range of those connections as far as legal thought is concerned and retains an emphasis both on the politics of theory, and on the notion of theoretical engagement. The first part examines the question of definition and tracks the origins and development of critical legal theory along its European and North American trajectories. The second part looks at the thematic connections between the development of legal theory and other currents of critical thought such as; Feminism, Marxism, Critical Race Theory, varieties of post-modernism, as well as the various ‘turns’ (ethical, aesthetic, political) of critical legal theory. The third and final part explores particular fields of law, addressing the question how the field has been shaped by critical legal theory, or what critical approaches reveal about the field, with the clear focus on opportunities for social transformation.
