Download or read book Freiheit durch Gesetz written by Gerd Morgenthaler and published by Mohr Siebeck. This book was released on 1999 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: English summary: The German Basic Law (Grundgesetz) calls for the regulation and safeguarding of freedom through active legislation. Using its constitutional authority to monitor the fulfillment of this task, the Federal Constitutional Court has to compete increasingly with the legislator's power. By going back to the historic roots of the idea of freedom, Gerd Morgenthaler develops legal criteria for the protection of the parliamentary power to shape the legal system. With the help of these criteria he then analyzes the jurisdiction of the German Federal Constitutional Court. German description: Das Grundgesetz verpflichtet die Legislative zur Ordnung und Sicherung der Freiheit durch das Gesetz. Damit das Bundesverfassungsgericht die Erfullung dieses Auftrages kontrollieren kann, mussen rechtsdogmatische Massstabe fur das Zusammenspiel von Gewaltenteilung und materieller Freiheitsgewahr entwickelt werden. Ausgehend von der Ideengeschichte des modernen Verfassungsstaates definiert Gerd Morgenthaler den Freiheitsbegriff grundrechtsubergreifend und weist den inneren Zusammenhang der besonderen Freiheitsgrundrechte nach. Auf dieser Grundlage bestimmt er den Umfang der demokratischen Gestaltungsbefugnis und die inhaltlichen Bindungen des Parlaments, das als Erstadressat der Grundrechte zu aktiver und schopferischer Rechtsetzung berufen ist. Mit Hilfe der daraus abgeleiteten Massstabe erhalt die Kompetenz des Bundesverfassungerichts, die Legislative bei der freiheitsordnenden und -sichernden Gesetzgebung zu kontrollieren und auch anzuleiten, einen juristisch bestimmbaren Gehalt. Die so entwickelte und nach Staatsfunktionen differenzierende Lehre der Freiheitsgrundrechte erlaubt Gerd Morgenthaler eine fundierte Kritik der gegenwartigen Rechtsprechungspraxis und der geltenden Gesetzeslage anhand konkreter Beispiele.
Download or read book Gesetz und Freiheit written by Maximilian Forschner and published by . This book was released on 1974 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Von der Freiheit zum Zeitalter des Heiligen Geistes written by Wolfgang Speyer and published by . This book was released on 2016-09-30 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Das Gesetz der Freiheit written by Wolfgang Wegert and published by . This book was released on 2001 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Das Gesetz der Freiheit written by Charles Grey and published by . This book was released on 1960 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Die Gesetze der Freiheit written by Franz Staudinger and published by . This book was released on 1887 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Christliche Ethik bei Schleiermacher Christian Ethics according to Schleiermacher written by Hermann Peiter and published by Wipf and Stock Publishers. This book was released on 2010-04-09 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one is so intimately acquainted with Schleiermacher's Christian Ethics material or with the 1821-1822 first edition of his companion volume, Christian Faith, than Hermann Peiter. The present volume is a collection of Peiter's nineteen essays and thirty reviews. Extensive English summaries are offered for all this material, and an English version for four of the essays. Professor Peiter's summary of this volume reads as follows: This book treats of praxis in the Christian life and of Christian responsibility for the world we have in common. The following, however, forms a background for these considerations. Schleiermacher reminds his Christian brethren, who often deck themselves out with alien, borrowed plumes from morals and metaphysics, of their actual theme, that of religion, which he also designates as a kind or mode of faith. Like Luther, he also turns against both the practical misconception that considers faith itself to be a good work and the theoretical misconception that faith is a product of thinking, a theory. Whether a practitioner thinks to give thanks for one's own work or whether a theoretician hopes to find final fulfillment and justification in one's range of metaphysical ideas amounts to the same thing. Faith is the courage to be (Paul Tillich). For Schleiermacher, to want to have speculation (thus, metaphysics) and praxis without religion is the nonsalutary intention of Prometheus, who faintheartedly stole what he could have expected to possess in restful security. If taken seriously, the 'gods'-to use that pagan expression for once-are that nature to which a human being belongs. Each human being is their possession. When one steals what the gods have, one steals oneself, can thank oneself for a robbery. For a gift that is stolen, one cannot possibly be thankful. Only a pure gift awakens true joy. A human being has the chance to receive the gift that one is or is not (in case it is stolen) not from a thief but from religion. Thanks to one's birth, both physical and spiritual, one gains oneself and has oneself. To steal means to take away, to depreciate. In contrast, whoever has oneself from elsewhere is no longer extracted from oneself or from the one to whom one belongs.
Download or read book Kant und Hegel ber Freiheit written by and published by BRILL. This book was released on 2021-10-11 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Flach bringt Kants geltungs- und prinzipientheoretische Freiheitslehre zur Darstellung und sucht zu zeigen, welches Erklärungspotential diese Lehre in puncto Humanität hat. Krijnen bringt Hegels logische und geistphilosophische Freiheitslehre zur Darstellung und sucht zu zeigen, daß und wie in ihr ein fundamentaler Aspekt der Freiheit thematisch wird, der in Kants Lehre unterbeleuchtet bleibt. Die Diskussionsbeiträge zeigen, welchen Stellenwert dem einen und dem anderen Paradigma im aktuellen Urteil zuerkannt wird. Flach presents Kant’s conception of freedom as well as its potential for understanding what it means to be human. Krijnen presents Hegel’s conception of freedom and shows that Kant’s conception underestimates an essential feature of freedom. The contributions of other authors assess the results.
Download or read book Freiheit unter dem Gesetz written by Jens Petersen and published by Mohr Siebeck. This book was released on 2014-06-10 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: English summary: When Hayek was awarded the Nobel Prize in Economics in 1974 he had already been working on problems of moral and legal philosophy for over three decades. Nevertheless, apart from a few exceptions the field of legal studies has hardly taken any notice of his extraordinarily comprehensive theoretical work, even though Hayek thought in terms of their systematic categories more than any other economist. Jens Petersen attempts to understand freedom under the law as a normative condition of his epistemological justification of the market economy. He concludes that Hayek, despite his controversial rejection of social justice, has a place amongst the remarkable legal thinkers of the 20th Century. German description: Als Hayek im Jahre 1974 den Wirtschaftsnobelpreis erhielt, arbeitete er schon uber drei Jahrzehnte schwerpunktmassig an Problemen der Moral- und Rechtsphilosophie. Dessen ungeachtet hat die Rechtswissenschaft bis auf wenige Ausnahmen von seinem uberaus reichhaltigen rechtstheoretischen Werk kaum Notiz genommen, obwohl Hayek wie kaum ein anderer Okonom in ihren systematischen Kategorien dachte. Jens Petersen unternimmt den Versuch, die Freiheit unter dem Gesetz als normative Bedingung seiner wissenstheoretischen Begrundung der Marktwirtschaft zu begreifen. Er kommt zu dem Ergebnis, dass Hayek ungeachtet seiner kritikwurdigen Ablehnung der sozialen Gerechtigkeit zu den bemerkenswerten Rechtsdenkern des 20. Jahrhunderts gehort.
Download or read book The Typic in Kant s Critique of Practical Reason written by Adam Westra and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-03-07 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a short chapter of the Critique of Practical Reason entitled “On the Typic of the Pure Practical Power of Judgment,” Kant addresses a crucial problem facing his theory of moral judgment: How can we represent the supersensible moral law so as to apply it to actions in the sensible world? Despite its importance to Kant's project, previous studies of the Typic have been fragmentary, disparate, and contradictory. This book provides a detailed commentary on the Typic, elucidating how it enables moral judgment by means of the law of nature, which serves as the 'type', or analogue, of the moral law. In addition, the book situates the Typic, both historically and conceptually, within Kant's theory of symbolic representation. While many commentators have assimilated the Typic to the aesthetic notion of 'symbolic hypotyposis' in the third Critique, the author contends that it has greater continuities with the theoretical notion of 'symbolic anthropomorphism' in the Prolegomena. As the first comprehensive, book-length study of the Typic that critically engages with the secondary literature, this monograph fills an important gap in the research on Kant's ethics and aesthetics and provides a starting point for further inquiry and debate.
Download or read book Der Staat als Mittel zum Zweck written by Günter Zöller and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ratio Legis written by Verena Klappstein and published by Springer. This book was released on 2018-05-02 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution. Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications.
Download or read book Justification Is for Preaching written by Virgil Thompson and published by Wipf and Stock Publishers. This book was released on 2012-02-09 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although preachers often question their effectiveness, no task of the church is more important than proclamation. Only the gospel liberates sinners from guilt, despair, and death and grants them freedom, hope, and new life. Few have grasped this truth better than Martin Luther. This volume features contributions by contemporary theologians whose work is shaped by Luther's conviction that God's justification of the ungodly comes through preaching: Gerhard Forde, Oswald Bayer, and their students and friends. Taken from the pages of Lutheran Quarterly, these essays in historical and theological perspective bring the doctrine of justification to bear on contemporary preaching. For Luther, the whole creation has its life out of God's "pure, fatherly, divine goodness and mercy, without any merit or worthiness of ours at all!" Luther's insight to center creation around God's justifying work accents the cosmic scope of the doctrine. Justification is at the core of God's creative and saving activity with respect to all that has been, is, and will be. God's justification of the ungodly is the heart of all Christian theology and mission, and inescapably shapes the character of both. Preaching Christ as the justifier of sinners, in contrast to the accusing directives of the law, does nothing other than establish God's deity over and for the world, and brings an end to sinners' own self-deifying quests, re-creating them as fully human, fully free. Theologians and preachers gain their compass, purpose, and courage from this truth.
Download or read book Freiheit Freedom written by Jürgen Stolzenberg and published by Walter de Gruyter. This book was released on 2013-05-28 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom is one of the central themes of classical German philosophy. For Kant freedom is the "keystone of the edifice of a system of pure reason." Fichte called his Science of Knowledge the "first system of freedom." To the early Schelling freedom is "the alpha and omega of all philosophy," while the later Schelling joins the philosophy of freedom with the question of the origin of evil. Hegel conceives freedom as "the essence of spirit," whose concrete forms in art, religion, and world history it is the task of philosophy to describe. The articles collected in the 9th volume of the Internationales Jahrbuch des Deutschen Idealismus/International Yearbook of German Idealism offer views from different perspectives on the diverse significance and systematic function distinctive of the concept of freedom in classical German philosophy. Beiträger/Contributors: Hans Friedrich Fulda, Pierre Keller, Heiner F. Klemme, Christian Klotz, Franz Knappik, Michelle Kosch, Charles Larmore, Wayne Martin, Alex Neill / Sandy Shapshay, Rocco Porcheddu, Sebastian Schwenzfeuer, Allen Wood. Herausgeber/Editors: Fred Rush (University of Notre Dame); Jürgen Stolzenberg (Martin-Luther-Universität Halle/Wittenberg)
Download or read book Critique of Practical Reason written by Immanuel Kant and published by Newcomb Livraria Press. This book was released on 1980-01-01 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new translation of Immanuel Kant’s 1788 Critique of Practical Reason in modern American English with the original German in the back. This is Volume VIII in The Complete Works of Immanuel Kant from Newcomb Livraria Press. Kant’s 1788 Critique of Practical Reason is the second of his major triad of critical philosophic critiques. It builds upon his Pure Reason and the Groundwork for the Metaphysics of Morals in delineating his theory of moral justification. The Critique of Pure Reason answers the question, "What can I know?", while Practical Reason answers "what should I do?". Practical Reason primarily concerns the relationship of Reason to morality. It is the “Imperative” in the “Categorical Imperative. Morality is not a feeling or perception, but a reality to submit to. Kant's Practical Reason is a critical text to understand the view of Reason as Teleological, a uniquely German view, in contrast to the English Empiricist view (Hume, Locke, and Descartes) view is that “Reason is the slave of the passions” and can tell us nothing about morality and ethics. The teleological view, which is found clearly and explicitly in Kant and all German Idealists after him, is both normative and descriptive, or in other words, Imperative. The entire Frankfurt school of thought operates off of a version of this metaphysical view, all the way to Theodor W. Adorno's Aesthetics which is rooted in a Teleological view of reason.
Download or read book History of Political Thought in Germany 1789 1815 written by Reinhold Aris and published by Routledge. This book was released on 2013-10-28 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1965. This study deals with the history of political thought in Germany from 1789 to 1815. It is the story of a nation awaking from a long sleep, commencing to think for itself, to modernize its institutions, to formulate its ideas of the pattern of society and the duties of the State. Modern German literature begins with Klopstock and Lessing. German political thinking comes even later, for it is the child of the French Revolution.
Download or read book Franz Von Baader s S mmtliche Werke written by and published by . This book was released on 1850 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt:
