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Rechtsphilosophie Und Grundrechtstheorie
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Book Synopsis Rechtsphilosophie und Grundrechtstheorie by : Martin Borowski
Download or read book Rechtsphilosophie und Grundrechtstheorie written by Martin Borowski and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: English summary: In honour of Robert Alexy, this collection of essays brings together some 40 contributions - nearly half of them in English - written by colleagues and erstwhile students of Alexy's in Germany and abroad who have followed critically the developments in his legal philosophy over the years. By and large, the essays address three major themes in Alexy's work. In the first of these, on 'the Concept and Nature of Law', the Radbruch formula, the Argument from Correctness, and the Dual Nature of Law are front and centre. The other two major themes represent the other main foci in Alexy's work, namely, the discourse theory and the principles theory. Here the emphases are 'Discourse Theory, Theory of Legal Argumentation, and Theory of Legal Method' along with 'Principles Theory, Theory and Dogmatics of Constitutional Rights'. The book closes with a bibliography of Alexy's writings, including translations. German description: Der vorliegende Sammelband zu Ehren Robert Alexys vereint mehr als vierzig Beitrage seiner Schuler und Kollegen aus dem In- und Ausland, welche die Entstehung seines wissenschaftlichen Werkes kritisch begleitet haben. Die meisten der knapp zur Halfte auf Englisch geschriebenen Beitrage sind drei Themenkomplexen gewidmet. Im ersten Themenkomplex Begriff und Natur des Rechts stehen die Radbruchsche Formel, das Richtigkeitsargument sowie die These von der Doppelnatur des Rechts im Vordergrund. Die beiden anderen Themenkomplexe sind den weiteren Schwerpunkten des Werkes von Alexy, der Diskurstheorie und der Prinzipientheorie, gewidmet: Diskurstheorie, Theorie der juristischen Argumentation und Methodenlehre und Prinzipientheorie, Grundrechtstheorie und Grundrechtsdogmatik. Der Band schliesst mit einem Verzeichnis der Schriften Alexys und deren Ubersetzungen.
Book Synopsis Conceptions and Misconceptions of Legislation by : A. Daniel Oliver-Lalana
Download or read book Conceptions and Misconceptions of Legislation written by A. Daniel Oliver-Lalana and published by Springer. This book was released on 2019-06-14 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
Book Synopsis Exploring the Province of Legislation by : Francesco Ferraro
Download or read book Exploring the Province of Legislation written by Francesco Ferraro and published by Springer Nature. This book was released on 2022-01-12 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legisprudence considers a variety of perspectives and relies on contributions from numerous different disciplines. Rather than providing examples of the various possible approaches to legisprudential studies, this book – bringing together lawyers and legal theorists from seven different countries – highlights two aspects of the many disciplines involved. Firstly, it discusses theoretical abstraction, which borders on, or enters into the realm of full-fledged philosophical speculation. Secondly, it examines empirical observation of specific cases, precisely situated regarding their spatial or historical collocation, or referring to a particular species of legislative policy. Focusing on legislation both as a process and as a result, the aim of the book is twofold: on the one hand, it demonstrates that, far from being a purely theoretical and exclusively academic intellectual enterprise, legisprudence can offer criteria for both assessing and improving the quality of real-world legislation. On the other hand, it shows how lawmaking is at least as interesting and legitimate a field of inquiry as adjudication and interpretation of laws for legal theorists and philosophers of law, and that they are already equipped with extremely valuable intellectual tools for fruitful legisprudential inquiry. The book is organized in two parts. The first part comprises legal-theoretical accounts on general aspects of legislation as a process and as a result. The second part presents contributions focusing on specific experiences of evaluations of legislative quality and contributions to the legislature’s work on the part of the public, as well as on particular legislative policies, methodologies in lawmaking, and problems regarding legislation as an instrument.
Book Synopsis Judicial Avoidance by : Carolina Alves das Chagas
Download or read book Judicial Avoidance written by Carolina Alves das Chagas and published by Bloomsbury Publishing. This book was released on 2023-08-24 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another authority and examines legitimacy issues involving judicial avoidance. The reader is presented with answers to two fundamental questions that guide the development of the book: - Is it legitimate to practise judicial avoidance? - How could judicial avoidance be practised legitimately? The conflict of competences, which often emerges in instances of judicial avoidance, is an important book baseline. From this conflict, the book considers and defends the possibility of applying 'formal balancing' to provide a clearer structure of the exercise of justiciability and judicial deference. The 'formal balancing' methodology is based on Alexy's principles theory, and its connection with judicial avoidance represents a significant contribution and novel point in constitutional adjudication.
Book Synopsis From Parchment to Practice by : Tom Ginsburg
Download or read book From Parchment to Practice written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2020-04-30 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asks how the 'parchment' promises of a written constitution are translated into political practice, working through the many problems of constitutional implementation after adoption.
Book Synopsis Rational Lawmaking under Review by : Klaus Meßerschmidt
Download or read book Rational Lawmaking under Review written by Klaus Meßerschmidt and published by Springer. This book was released on 2016-07-26 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court ́s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.
Book Synopsis The Cambridge Companion to Legal Positivism by : Torben Spaak
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: Legal positivism is one of the fundamental theories of jurisprudence studied in law and related fields around the world. This volume addresses how legal positivism is perceived and makes the case for why it is relevant for contemporary legal theory. The Cambridge Companion to Legal Positivism offers thirty-three chapters from leading scholars that provide a comprehensive commentary on the fundamental ideas of legal positivism, its history and major theorists, its connection to normativity and values, its current development and influence, as well as on the criticisms moved against it.
Book Synopsis Proportionality, Balancing, and Rights by : Jan-R. Sieckmann
Download or read book Proportionality, Balancing, and Rights written by Jan-R. Sieckmann and published by Springer Nature. This book was released on with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book Theorie der Grundrechte (1985; Engl. translation Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
Book Synopsis Debating Laws by : A. Daniel Oliver-Lalana
Download or read book Debating Laws written by A. Daniel Oliver-Lalana and published by Springer Nature. This book was released on 2024-02-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to explore the potential and actual value of parliamentary debates as a source of legislative justification. Drawing on a sample of recent Spanish legislation, the papers collected here analyse (critically) the rationale of several laws or legislative measures as it can be reconstructed from the respective parliamentary discussions. All issues covered have given rise to intense political, legal and social controversy: they range from the combat against gender violence, the legal status of bullfighting, the protection of crime victims and the so-called ‘push-backs’ at the border, to the regulation of euthanasia, the minimum living income, underage girls’ access to abortion, and joint child custody. The volume is organised into two main parts. The first group of case studies adopt a legisprudential perspective and examine parliamentary deliberations in the light of the theory and methodology of legislative justification; the contributions in the second part follow approaches that fall outside – but are largely compatible with –legisprudence, and deal with aspects such as the rhetorical strategies employed by MPs when debating bills, and the role of elected legislators as constitutional interpreters.
Book Synopsis Constitutional and Political Theory by : Ernst-Wolfgang Böckenförde
Download or read book Constitutional and Political Theory written by Ernst-Wolfgang Böckenförde and published by Oxford University Press. This book was released on 2017 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this representative edition of Ernst-Wolfgang Bockenforde's definitive work in constitutionalism, law, and politics, readers have access to the legal discourse of one of Germany's leading contemporary theorists and former judge of the federal constitutional court.
Book Synopsis Die deutsche Präsenz in den USA by : Josef Raab
Download or read book Die deutsche Präsenz in den USA written by Josef Raab and published by LIT Verlag Münster. This book was released on 2008 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whereas the cultural and political influence of the U.S. on Europe and Germany has been researched extensively, the impact of more than 6 million German immigrants on U.S.-American history and culture has received far less scholarly attention. Therefore this volume addresses a wide range of areas in which a German presence has been manifesting itself in the U.S. for more than three centuries. Among the disciplines involved in this broad analysis are linguistics, literary studies, history, economics, musicology as well as media studies and cultural studies.
Book Synopsis Understanding Suicide's Allure by : Stanley Krippner
Download or read book Understanding Suicide's Allure written by Stanley Krippner and published by Bloomsbury Publishing USA. This book was released on 2021-01-13 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains why suicide can be alluring to a person aiming to stop his or her traumatic pain—whether its source is bullying, sexual assault, war combat, or other PTSD-invoking events—and details approaches that can prevent suicide. Suicide has been a taboo topic in Western culture. The mere mention of suicide sparks reactive responses that include medical, moral, spiritual, and religious debates. As a result, the authors open an important discussion here, offering an honest and non-judgmental examination of the many aspects involved in the nature of suicide, explaining that above all, people need to learn how to support those struggling with suicidal thoughts or to intercept their own suicidal thinking. The book also includes an extensive review and evaluation of the many available mental health treatments. Special consideration is given to military suicides. U.S. soldier suicides exceed one per day and continue to rise in all military branches, while veteran suicide rates are even higher, averaging 17 per day. Communities, families, veterans, and service members are in need of tools and insights for coping with, navigating, and exposing the suicidal attitudes affecting many current and former members of the military.
Book Synopsis The Concept of Liberal Democratic Law by : Johan van Der Walt
Download or read book The Concept of Liberal Democratic Law written by Johan van Der Walt and published by Routledge. This book was released on 2019-09-12 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a historical concept of liberal democratic law through readings of the pivotal twentieth century legal theoretical positions articulated in the work of Herbert Hart, Ronald Dworkin, Duncan Kennedy, Rudolf Smend, Hans Kelsen and Carl Schmitt. It assesses the jurisprudential projects and positions of these theorists against the background of a long history of European metaphysics from which the modern concept of liberal democratic law emerged. Two key narratives are central to this history of European political and legal metaphysics. Both concern the historical development of the concept of nomos that emerged in early Greek legal and political thought. The first concerns the history of philosophical reflection on the epistemological and ontological status of legal concepts that runs from Plato to Hobbes (the realist-nominalist debate as it became known later). The second concerns the history of philosophical and political discourses on law, sovereignty and justice that starts with the nomos-physis debate in fifth century Athens and runs through medieval, modern and twentieth century conceptualisations of the relationship between law and power. Methodologically, the reading of the legal theoretical positions of Hart, Dworkin, Kennedy, Smend, Kelsen and Schmitt articulated in this book is presented as a distillation process that extracts the pure elements of liberal democratic law from the metaphysical narratives that not only cradled it, but also smothered and distorted its essential aspirations. Drawing together key insights from across the fields of jurisprudence and philosophy, this book offers an important and original re-articulation of the concept of democratic law.
Book Synopsis Haunted by Combat by : Daryl S. Paulson
Download or read book Haunted by Combat written by Daryl S. Paulson and published by Bloomsbury Publishing USA. This book was released on 2007-08-30 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across history, the condition has been called soldier's heart, shell shock, or combat fatigue. It is now increasingly common as our service men and women return from Iraq, Afghanistan, and other ongoing combat zones. Since 1990, Veterans' centers here have treated more than 1.6 million affected men and women, including an estimated 100,000 from the Gulf War and an untallied total from the Iraq front and fighting in Afghanistan. The number also includes some 35,000 World War II veterans, because PTSD does not fade easily. Regardless of the months, years, and even decades that have passed, the traumatic events can flash back as seemingly real as they were when they occurred.In Haunted by Combat Paulson and Krippner range across history and into current experiences and treatments for this haunting disorder. They take us into the minds of PTSD-affected veterans, as they struggle against the traumatic events lingering in their minds, sometimes exploding into violent behavior. The authors explain how and why PTSD develops—and how we can help service members take the steps to heal today.
Book Synopsis The Challenge of Inter-legality by : Jan Klabbers
Download or read book The Challenge of Inter-legality written by Jan Klabbers and published by Cambridge University Press. This book was released on 2019-05-30 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book-length treatment to describe and explain how legal orders can be interwoven and what to do about it. The volume discusses inter-legality in different legal fields, situates it within political and legal theory, and provides a normative assessment.
Book Synopsis The Rule of Law History, Theory and Criticism by : Pietro Costa
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.
Book Synopsis Eur. Zeitschrift Des Öffentl. Rechts by :
Download or read book Eur. Zeitschrift Des Öffentl. Rechts written by and published by . This book was released on 2000 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt:
