Rechtsnorm Und Rechtswirklichkeit

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Rechtsnorm und Rechtswirklichkeit

Author : Aulis Aarnio
Publisher :
ISBN 13 :
Total Pages : 856 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Rechtsnorm und Rechtswirklichkeit by : Aulis Aarnio

Download or read book Rechtsnorm und Rechtswirklichkeit written by Aulis Aarnio and published by . This book was released on 1993 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Reflexion auf Rechtsnorm und Rechtswirklichkeit gehört zu den grundlegenden Problemen einer auf ihre rechts- und gesellschaftstheoretischen Voraussetzungen bedachten Jurisprudenz. Die Antwort darauf, worin das Normative und das Wirkliche des Rechts besteht, hängt naturgemäß davon ab, welche Perspektive eingenommen, welche Ebene anvisiert und nicht zuletzt, welcher Rechtsbegriff zugrunde gelegt wird. Der vorliegende Band, der Werner Krawietz zum 60. Geburtstag gewidmet ist, will einen Einblick in das Spektrum der Möglichkeiten vermitteln, die sich einer an Norm und Wirklichkeit des Rechts orientierten Diskussion heute bieten. Aus diesem Anlaß haben sich ihm in vielfältiger Weise verbundene Kolleginnen und Kollegen, langjährige Weggenossen, Schüler und Freunde aus aller Welt in insgesamt 18 Ländern zusammengefunden, um jeweils aus ihrer Sicht einen Beitrag zu leisten. Der dem Verhältnis von Rechtsnorm und Rechtswirklichkeit zugewandte Themenkreis bringt unterschiedliche Theorieansätze zusammen, die sonst gern getrennt voneinander behandelt werden. Er umfaßt rechtstheoretisch relevante, normlogische, soziologische sowie systemtheoretische Fragestellungen und rückt so Recht und Rechtsbegriff in den größeren Zusammenhang des Gesellschaftssystems und seiner normativen Implikationen ein.Aus dem Vorwort der Herausgeber

Contemporary German Legal Philosophy

Author : James E. Herget
Publisher : University of Pennsylvania Press
ISBN 13 : 1512802581
Total Pages : 164 pages
Book Rating : 4.5/5 (128 download)

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Book Synopsis Contemporary German Legal Philosophy by : James E. Herget

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.

European Constitutional Language

Author : András Jakab
Publisher : Cambridge University Press
ISBN 13 : 1316531368
Total Pages : 531 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis European Constitutional Language by : András Jakab

Download or read book European Constitutional Language written by András Jakab and published by Cambridge University Press. This book was released on 2016-04-15 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond.

A Companion to the Abbey of Le Bec in the Central Middle Ages (11th–13th Centuries)

Author :
Publisher : BRILL
ISBN 13 : 9004351906
Total Pages : 424 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis A Companion to the Abbey of Le Bec in the Central Middle Ages (11th–13th Centuries) by :

Download or read book A Companion to the Abbey of Le Bec in the Central Middle Ages (11th–13th Centuries) written by and published by BRILL. This book was released on 2017-10-02 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Companion to the Abbey of Le Bec in the Central Middle Ages (11th–13th Centuries) offers the first major collection of studies dedicated to the medieval abbey of Le Bec, one of the most important, and perhaps the single most influential, monastery in the Anglo-Norman world. Following its foundation in 1034 by a knight-turned-hermit called Herluin, Le Bec soon developed into a religious, cultural and intellectual hub whose influence extended throughout Normandy and beyond. The fourteen chapters gathered in this Companion are written by internationally renowned experts of Anglo-Norman studies, and together they address the history of this important medieval institution in its many exciting facets. The broad range of scholarly perspectives combined in this volume includes historical and religious studies, prosopography and biography, palaeography and codicology, studies of space and identity, as well as theology and medicine. Contributors are Richard Allen, Elma Brenner, Laura Cleaver, Jean-Hervé Foulon, Giles E.M. Gasper, Laura L. Gathagan, Véronique Gazeau, Leonie V. Hicks, Elizabeth Kuhl, Benjamin Pohl, Julie Potter, Elisabeth van Houts, Steven Vanderputten, Sally N. Vaughn, and Jenny Weston.

Law's Ideal Dimension

Author : Robert Alexy
Publisher : Oxford University Press
ISBN 13 : 0192516965
Total Pages : 368 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Law's Ideal Dimension by : Robert Alexy

Download or read book Law's Ideal Dimension written by Robert Alexy and published by Oxford University Press. This book was released on 2021-07-16 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law's Ideal Dimension provides a comprehensive account in English of renowned legal theorist Robert Alexy's understanding of jurisprudence, as expanded upon from his publications A Theory of Legal Argumentation (OUP 1989), A Theory of Constitutional Rights (OUP 1985), and The Argument from Injustice (OUP 1992). The collection is divided into three parts. Part One concerns the nature of law: it explores its real and ideal dimensions and how the ideal dimension of law is sometimes employed but does not play a systematically important role. Part Two discusses constitutional rights, human rights, and proportionality. It defends the construction of constitutional rights as principles against objections raised by the rule construction and elaborates on the nature of constitutional rights as well as the mathematical balancing of those rights. Part Three concerns the relation between argumentation, correctness, and law. The author concludes this volume with a biographical reflection.

Juristic Concept of the Validity of Statutory Law

Author : Andrzej Grabowski
Publisher : Springer Science & Business Media
ISBN 13 : 3642276881
Total Pages : 603 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis Juristic Concept of the Validity of Statutory Law by : Andrzej Grabowski

Download or read book Juristic Concept of the Validity of Statutory Law written by Andrzej Grabowski and published by Springer Science & Business Media. This book was released on 2013-06-24 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.

The Oxford Handbook of Carl Schmitt

Author : Jens Meierhenrich
Publisher : Oxford University Press
ISBN 13 : 0199916942
Total Pages : 873 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Oxford Handbook of Carl Schmitt by : Jens Meierhenrich

Download or read book The Oxford Handbook of Carl Schmitt written by Jens Meierhenrich and published by Oxford University Press. This book was released on 2016-12-13 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Carl Schmitt (1888-1985) was a German theorist whose anti-liberalism continues to inspire scholars and practitioners on both the Left and the Right. Despite Schmitt's rabid anti-semitism and partisan legal practice in Nazi Germany, the appeal of his trenchant critiques of, among other things, aestheticism, representative democracy, and international law as well as of his theoretical justifications of dictatorship and rule by exception is undiminished. Uniquely located at the intersection of law, the social sciences, and the humanities, this volume brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography. The contributors hail from diverse disciplines, including art, law, literature, philosophy, political science, and history. In addition to opening up exciting new avenues of research, The Oxford Handbook of Carl Schmitt provides the intellectual foundations for an improved understanding of the political, legal, and cultural thought of this most infamous of German theorists. A substantial introduction places the trinity of Schmitt's thought in a broad context.

After Kant

Author : Michael Sonenscher
Publisher : Princeton University Press
ISBN 13 : 0691245630
Total Pages : 584 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis After Kant by : Michael Sonenscher

Download or read book After Kant written by Michael Sonenscher and published by Princeton University Press. This book was released on 2023-07-11 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A reflection on the legacy of money, law, and history in modern political thought"--

The Law in Philosophical Perspectives

Author : Luc J. Wintgens
Publisher : Springer Science & Business Media
ISBN 13 : 9401593175
Total Pages : 284 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis The Law in Philosophical Perspectives by : Luc J. Wintgens

Download or read book The Law in Philosophical Perspectives written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.

Legal Monism

Author : Paul Gragl
Publisher : Oxford University Press
ISBN 13 : 0198796269
Total Pages : 417 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Legal Monism by : Paul Gragl

Download or read book Legal Monism written by Paul Gragl and published by Oxford University Press. This book was released on 2018 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first full-length study of legal monism, Paul Gragl advocates for the revival of legal monism as a solution to normative conflicts between different bodies of law. Using comprehensive and inter-disciplinary arguments, this book defends the theory against dualism and pluralism.

MacCormick's Scotland

Author : Neil Walker
Publisher : Edinburgh University Press
ISBN 13 : 0748643818
Total Pages : 288 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis MacCormick's Scotland by : Neil Walker

Download or read book MacCormick's Scotland written by Neil Walker and published by Edinburgh University Press. This book was released on 2012-03-26 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses in depth the distinctively Scottish themes in the work of Sir Neil MacCormick, the world-renowned legal philosopher and prominent Scottish public intellectual who died in 2009 after holding the Regius Chair in Public Law and the Law of Nature and Nations at Edinburgh University for 36 years. MacCormick's work, and works about MacCormick, attract both a domestic and an international audience. Readers will gain an understanding of how MacCormick's Scottish roots, interests and commitments coloured his work - both his distinctively Scottish writings and the overall intellectual outlook that informed his broader legal and philosophical writings.The book provides a well rounded appreciation of the Scottish dimension in MacCormick's thinking and writing. It focuses on a number of prominent Scottish themes in MacCormick's work and life and is structured around four key themes: 1) the nature and identity of a legal system; 2) sovereignty, European integration and Scottish independence; 3) the legacy of the legal and political thought of the Scottish enlightenment; and 4) the role of the academic in the Scottish public sphere.

Rethinking the Relationship between International, EU and National Law

Author : Lando Kirchmair
Publisher : Cambridge University Press
ISBN 13 : 1009380206
Total Pages : 421 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis Rethinking the Relationship between International, EU and National Law by : Lando Kirchmair

Download or read book Rethinking the Relationship between International, EU and National Law written by Lando Kirchmair and published by Cambridge University Press. This book was released on 2024-02-29 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides new insights for solving conflicts between International, EU and National Law by rethinking the relationship between the three.

A Treatise of Legal Philosophy and General Jurisprudence

Author : Enrico Pattaro
Publisher : Springer Science & Business Media
ISBN 13 : 9400714793
Total Pages : 1952 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis A Treatise of Legal Philosophy and General Jurisprudence by : Enrico Pattaro

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 1952 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.

Analytic Philosophy in Finland

Author :
Publisher : BRILL
ISBN 13 : 9004333886
Total Pages : 618 pages
Book Rating : 4.0/5 (43 download)

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Download or read book Analytic Philosophy in Finland written by and published by BRILL. This book was released on 2016-08-09 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finland is internationally known as one of the leading centers of twentieth century analytic philosophy. This volume offers for the first time an overall survey of the Finnish analytic school. The rise of this trend is illustrated by original articles of Edward Westermarck, Eino Kaila, Georg Henrik von Wright, and Jaakko Hintikka. Contributions of Finnish philosophers are then systematically discussed in the fields of logic, philosophy of language, philosophy of science, history of philosophy, ethics and social philosophy. Metaphilosophical reflections on the nature of philosophy are highlighted by the Finnish dialogue between analytic philosophy, phenomenology, pragmatism, and critical theory.

Kant and Law

Author : B.Sharon Byrd
Publisher : Routledge
ISBN 13 : 1351561405
Total Pages : 602 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Kant and Law by : B.Sharon Byrd

Download or read book Kant and Law written by B.Sharon Byrd and published by Routledge. This book was released on 2017-07-05 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immanuel Kant's legal philosophy and theory have played an enormous role in the development of law since the eighteenth century. Although this influence can be seen primarily in German law and in the law of nations which have traditionally been oriented toward German legal development, today Kant's philosophy has experienced a Renaissance in the Anglo-American legal world. This anthology collects what the editors believe to be the very best of articles on Kant's legal theory, with an emphasis on his Metaphysics of Morals of 1797. In particular the articles relate to: 1) the nature of law and justice, 2) private law, 3) public law, 4) criminal law, 5) international law, and 6) cosmopolitan law.

Essays in Legal Philosophy

Author : Eugenio Bulygin
Publisher : OUP Oxford
ISBN 13 : 0191045624
Total Pages : 401 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Essays in Legal Philosophy by : Eugenio Bulygin

Download or read book Essays in Legal Philosophy written by Eugenio Bulygin and published by OUP Oxford. This book was released on 2015-07-09 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina. Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourrón, reflect the genre familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law. The reader will take delight in the often agreeably unorthodox character of Bulygin's views and in his hard-hitting arguments in defence of them. He challenges the received opinion on gaps in the law, on legal efficacy, on permissory norms, and on the criteria for legal validity. Bulygin's essays have been wellnigh inaccessible in the past, appearing in specialized journals, often in Spanish or German. They are now available for the first time in an English-language collection.

The Legitimacy of Modern Democracy

Author : Pedro T. Magalhães
Publisher : Routledge
ISBN 13 : 1351654004
Total Pages : 203 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis The Legitimacy of Modern Democracy by : Pedro T. Magalhães

Download or read book The Legitimacy of Modern Democracy written by Pedro T. Magalhães and published by Routledge. This book was released on 2020-12-30 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: By re-examining the political thought of Max Weber, Carl Schmitt and Hans Kelsen, this book offers a reflection on the nature of modern democracy and the question of its legitimacy. Pedro T. Magalhães shows that present-day elitist, populist and pluralist accounts of democracy owe, in diverse and often complicated ways, an intellectual debt to the interwar era, German-speaking, scholarly and political controversies on the problem(s) of modern democracy. A discussion of Weber’s ambivalent diagnosis of modernity and his elitist views on democracy, as they were elaborated especially in the 1910s, sets the groundwork for the study. Against that backdrop, Schmitt’s interwar political thought is interpreted as a form of neo-authoritarian populism, whereas Kelsen evinces robust, though not entirely unproblematic, pluralist consequences. In the conclusion, the author draws on Claude Lefort’s concept of indeterminacy to sketch a potentially more fruitful way than can be gleaned from the interwar German discussions of conceiving the nexus between the elitist, populist and pluralist faces of modern democracy. The Legitimacy of Modern Democracy will be of interest to political theorists, political philosophers, intellectual historians, theoretically oriented political scientists, and legal scholars working in the subfields of constitutional law and legal theory. The Open Access version of this book, available at https://doi.org/10.4324/9781315157566, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license