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 196 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”.
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”.
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 339 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.
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 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.
Download or read book The Rule of Law s 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.
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.
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.
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 699 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.
Download or read book Global Environmental Constitutionalism in the Anthropocene written by Louis J Kotzé and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is persuasive evidence suggesting we are on the brink of human-induced ecological disaster that could change life on Earth as we know it. There is also a general consensus among scientists about the pace and extent of global ecological decay, including a realisation that humans are central to causing the global socio-ecological crisis. This new epoch has been called the Anthropocene. Considering the many benefits that constitutional environmental protection holds out in domestic legal orders, it is likely that a constitutionalised form of global environmental law and governance would be better able to counter the myriad exigencies of the Anthropocene. This book seeks to answer this central question: from the perspective of the Anthropocene, what is environmental constitutionalism and how could it be extrapolated to formulate a global framework? In answering this question, this book offers the first systematic conceptual framework for global environmental constitutionalism in the epoch of the Anthropocene.
Download or read book Hegel Reconsidered written by H. Tristram Engelhardt Jr. and published by Springer Science & Business Media. This book was released on 2013-03-09 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.
Download or read book The Enforcement of Intellectual Property Rights in China written by Jianqiang Nie and published by Cameron May. This book was released on 2006 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book General Theory of Law and State written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2009 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.
Download or read book Law Justice and the State written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by . This book was released on 1993 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of the minority voice is an old problem, but one that has not been adequately dealt with. Democracy, in the forms in which it has been institutionalized, has not insured humane prison conditions, equality of the sexes, satisfactory child protection, adequate legal representation, or minority rights; indeed, democracy is often advanced as an excuse for ignoring these issues. The problem of getting a fair and effective hearing for the small, the weak, the poor, and the disadvantaged still lies before us. Such are some of the questions of law, justice and the state toward which the studies in this volume were meant to be directed. They are among the vital questions of our time, and not only in Europe.This volume presents papers which were all delivered at the 16th IVR World Congress in Reykjavík. Many legal theorists, social philosophers and social scientists have done an excellent work on the topics of nationality and nationalism, the state, the evolution of democracy, competing conceptions of justice, and ideologies and strategies for the future.
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: Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.
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.
Download or read book Unintended Affinities written by Adam Kozuchowski and published by University of Pittsburgh Press. This book was released on 2019-06-29 with total page 367 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.
