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Author : Karl Engisch
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.:/5 (98 download)
Download or read book Recent Developments of German Legal Philosophy written by Karl Engisch and published by . This book was released on 1968 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James E. Herget
Publisher : University of Pennsylvania Press
ISBN 13 : 1512802581
Total Pages : 164 pages
Book Rating : 4.5/5 (128 download)
Download or read book Contemporary German Legal Philosophy written by James E. Herget and published by University of Pennsylvania Press. This book was released on 2017-11-15 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Herget explains to American legal scholars and students the main points of the characteristic legal philosophy that has developed in the German-speaking world since World War II. After a historical introduction and overview, he discusses critical rationalism, discourse theory, rhetorical theory, systems theory, and institutional legal positivism. He concludes with a general assessment and appends biographical information. Written for American legal scholars and students, who traditionally are exposed only to filtered versions of comparative legal traditions, this volume introduces a new world of legal theory that resonates within the context of other contemporary disciplines and German intellectual history.
Author : Chris Thornhill
Publisher : Routledge
ISBN 13 : 1134382804
Total Pages : 412 pages
Book Rating : 4.1/5 (343 download)
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 :
Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Modern Legal Philosophy Series... written by and published by . This book was released on 1911 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : M.H. Hoffheimer
Publisher : Springer Science & Business Media
ISBN 13 : 9780792332701
Total Pages : 180 pages
Book Rating : 4.3/5 (327 download)
Download or read book Eduard Gans and the Hegelian Philosophy of Law written by M.H. Hoffheimer and published by Springer Science & Business Media. This book was released on 1995-04-30 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides the first sustained treatment of the legal theory of Eduard Gans (1789--1839) and the first translation of Gans's Systems of Roman Civil Law in Outline (1827). Hegel's close personal friend and recognized leader of the Hegelian movement, Gans posthumously edited Hegel's Philosophy of Law and Philosophy of History. As Professor of Law in Berlin, Gans championed legal codification in opposition to Savigny and the Historical School of Jurisprudence. Hoffheimer argues that Gans's legal writings, especially his systematic exposition of Roman Law, combined a brilliant application of Romanist legal scholarship with a creative, original vision of Hegelian methodology. The teacher of Karl Marx and Felix Mendelssohn, Gans promoted a liberal interpretation of Hegel and influenced an important generation of German thinkers.
Author : Christian Bumke
Publisher : Oxford University Press
ISBN 13 : 0192535625
Total Pages : 624 pages
Book Rating : 4.1/5 (925 download)
Download or read book German Constitutional Law written by Christian Bumke and published by Oxford University Press. This book was released on 2019-02-21 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.
Author : Thomas Vormbaum
Publisher : Springer Science & Business Media
ISBN 13 : 3642372732
Total Pages : 304 pages
Book Rating : 4.6/5 (423 download)
Download or read book A Modern History of German Criminal Law written by Thomas Vormbaum and published by Springer Science & Business Media. This book was released on 2013-10-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.
Author : Enrico Pattaro
Publisher : Springer Science & Business Media
ISBN 13 : 9400714793
Total Pages : 1912 pages
Book Rating : 4.4/5 (7 download)
Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Enrico Pattaro and published by Springer Science & Business Media. This book was released on 2016-07-13 with total page 1912 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Author : Chris Thornhill
Publisher : Taylor & Francis US
ISBN 13 : 9780415586498
Total Pages : 412 pages
Book Rating : 4.5/5 (864 download)
Download or read book German Political Philosophy written by Chris Thornhill and published by Taylor & Francis US. This book was released on 2010-03-19 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 : Michael Stolleis
Publisher : Springer Science & Business Media
ISBN 13 : 3642384544
Total Pages : 258 pages
Book Rating : 4.6/5 (423 download)
Download or read book History of Social Law in Germany written by Michael Stolleis and published by Springer Science & Business Media. This book was released on 2013-10-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sole available comprehensive history of social law and the model of social welfare in Germany. The book explains the origins since the medieval times, but concentrates on the 19th and 20th centuries, especially on the introduction of the social insurance 1881-1889, of the expansion of the system in the Weimar Republic, under the Nazi-System and after World War II in the FRG and the GDR. The system of social welfare in Germany is one of the pillars of economic stability.
Author : Pietro Costa
Publisher : Springer Science & Business Media
ISBN 13 : 1402057458
Total Pages : 700 pages
Book Rating : 4.4/5 (2 download)
Download or read book The Rule of Law History, Theory and Criticism written by Pietro Costa and published by Springer Science & Business Media. This book was released on 2007-05-06 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.
Author : Torben Spaak
Publisher : Cambridge University Press
ISBN 13 : 1108427677
Total Pages : 807 pages
Book Rating : 4.1/5 (84 download)
Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Author : Michael Lobban
Publisher : Springer
ISBN 13 : 940179880X
Total Pages : 524 pages
Book Rating : 4.4/5 (17 download)
Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Michael Lobban and published by Springer. This book was released on 2016-02-12 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century edited by Andrea Padovani and Peter Stein Volume 7 is the second of the historical volumes and acts as a complement to the previous Volume 6, discussing from the jurists’ perspective what that previous volume discusses from the philosophers’ perspective. The subjects of analysis are, first, the Roman jurists’ conception of law, second, the metaphysical and logical presuppositions of late medieval legal science, and, lastly, the connection between legal and political thought up to the 17th century. The discussion shows how legal science proceeds at every step of the way, from Rome to early modern times, as an enterprise that cannot be untangled from other forms of thought, thus giving rise to an interest in logic, medieval theology, philosophy, and politics—all areas where legal science has had an influence. Volume 8: A History of the Philosophy of Law in The Common Law World, 1600–1900 by Michael Lobban Volume 8, the third of the historical volumes, offers a history of legal philosophy in common-law countries from the 17th to the 19th century. Its main focus (like that of Volume 9) is on the ways in which jurists and legal philosophers thought about law and legal reasoning. The volume begins with a discussion of the ‘common law mind’ as it evolved in late medieval and early modern England. It goes on to examine the different jurisprudential traditions which developed in England and the United States, showing that while Coke’s vision of the common law continued to exert a strong influence on American jurists, in England a more positivist approach took root, which found its fullest articulation in the work of Bentham and Austin.
Author : Gerhard Robbers
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041187626
Total Pages : 230 pages
Book Rating : 4.0/5 (411 download)
Download or read book Constitutional Law in Germany written by Gerhard Robbers and published by Kluwer Law International B.V.. This book was released on 2017-05-30 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Germany provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Germany will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Author : H. J. van Eikema Hommes
Publisher : North-Holland
ISBN 13 :
Total Pages : 472 pages
Book Rating : 4.F/5 ( download)
Download or read book Major Trends in the History of Legal Philosophy written by H. J. van Eikema Hommes and published by North-Holland. This book was released on 1979 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jeong-Oh Kim
Publisher : Taylor & Francis
ISBN 13 : 1000772977
Total Pages : 118 pages
Book Rating : 4.0/5 (7 download)
Download or read book Philosophy of Law in Korea written by Jeong-Oh Kim and published by Taylor & Francis. This book was released on 2022-10-21 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Korea began as a newly independent state in 1948, its economy was very underdeveloped and the rule of law was just established. The journey of democratization in Korea was not without challenges. This book traces the history of the legal philosophy development in Korea and highlights Korea's unique experience. This book shows how Western legal philosophy has been accepted in Korea, a non-Western country that has newly introduced the Western legal system and what role the legal philosophy has played in social context. The book also examines academic scholars' intellectual activities in a historical context and how their intellectual products are yielded through their continuous response to the circumstances of the time. It specifically looks at the many challenging tasks legal philosophers had to overcome in a society when the rule of law and democracy had not yet settled. The book explores how Korean legal philosophers coped during such unique historical situations. It also illustrates how Korean scholars accepted German and Anglo-American legal philosophies and integrated them to change social realities of Korea. Through Korea’s experience, this book will provide insights into how modern legal philosophy develops in a new state and what legal philosophers' responses would be like during such a process. The developing process of legal philosophy in Korean society will interest not only readers in countries who have had similar experiences to Korea, but also readers in the West.
Author : M. T.
Publisher : GRIN Verlag
ISBN 13 : 366826130X
Total Pages : 19 pages
Book Rating : 4.6/5 (682 download)
Download or read book Is the German Constitution a consequence resulting from Germany's history? An essay written by M. T. and published by GRIN Verlag. This book was released on 2016-07-18 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2016 in the subject Law - Philosophy, History and Sociology of Law, grade: 82%, 18 Punkte, University of Hull, language: English, abstract: According to the first Article of the German Basic Law (Grundgesetz) human dignity shall be inviolable: “Die Würde des Menschen ist unantastbar”. The fact that the protection of human dignity is enshrined at the very beginning of the Basic Law emphasises its value and significance. But has it always been like this, or rather, since when did human rights protection gain such importance? It is both interesting and necessary within comparative legal studies to look at laws and their development in various countries since legal history can support the study of comparative law. Especially constitutional issues are relevant as the functioning of a state and human co-existence are based on constitutional principles and values. An analysis of the historic developments permits a better understanding of law in general as well as a critical analysis of one’s own domestic legal system. The aim of this essay is to analyse the German constitution and its emphasis on human rights protection in the Federal Constitutional Court (Bundesverfassungsgericht) and to discuss whether it is a consequence resulting from Germany’s history. First, this essay will present an overview of Germany’s history with particular focus on the period of the Weimar Republic and the National Socialism. In the next section, it will outline the history of origins of the Basic Law as well as its catalogue of fundamental rights, followed by an illustration of the competences of the Federal Constitutional Court in contrast to its predecessors. Finally, a short comparison with regard to the American, French and British Constitution will be drawn.
