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Book Ethics Out of Law

    Book Details:
  • Author : Dana Hollander
  • Publisher : University of Toronto Press
  • Release : 2021-06-29
  • ISBN : 1487533683
  • Pages : 324 pages

Download or read book Ethics Out of Law written by Dana Hollander and published by University of Toronto Press. This book was released on 2021-06-29 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hermann Cohen (1842–1918) was a leading figure in the Neo-Kantian philosophical movement that dominated European thought before 1918. He is also the inaugural figure for what is meant by "modern Jewish philosophy" in the twentieth and twenty-first centuries. This book explores Cohen’s striking claim that ethics is rooted in law – a claim developed in both his philosophical ethics and his philosophy of Judaism, in particular in his writings on "love-of-neighbor," up to and including his well-known Religion of Reason. Dana Hollander proposes that neither Cohen’s systematic philosophy nor his "Jewish" philosophy should be seen as the dominant framework for his oeuvre as a whole, but that his understanding of key philosophical questions takes shape in the passages between both corpuses, a trait that could be seen as paradigmatic for modern Jewish philosophy. Ethics Out of Law taps into one of the prime topics of current interest in the field of Jewish philosophy: the nature of Jewish political existence and the changing configurations of "law" that this entails.

Book Hitler s Theology

    Book Details:
  • Author : Rainer Bucher
  • Publisher : A&C Black
  • Release : 2011-06-30
  • ISBN : 1441196366
  • Pages : 161 pages

Download or read book Hitler s Theology written by Rainer Bucher and published by A&C Black. This book was released on 2011-06-30 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hitler's Theology investigates the use of theological motifs in Adolf Hitler's public speeches and writings, and offers an answer to the question of why Hitler and his theo-political ideology were so attractive and successful presenting an alternative to the discontents of modernity. The book gives a systematic reconstruction of Hitler's use of theological concepts like providence, belief or the almighty God. Rainer Bucher argues that Hitler's (ab)use of theological ideas is one of the main reasons why and how Hitler gained so much acquiescence and support for his diabolic enterprise. This fascinating study concludes by contextualizing Hitler's theology in terms of a wider theory of modernity and in particular by analyzing the churches' struggle with modernity. Finally, the author evaluates the use of theology from a practical theological perspective. This book will be of interest to students of Religious Studies, Theology, Holocaust Studies, Jewish Studies, Religion and Politics, and German History.

Book Political Theologies in Orthodox Christianity

Download or read book Political Theologies in Orthodox Christianity written by Kristina Stoeckl and published by Bloomsbury Publishing. This book was released on 2017-06-15 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers a wide range of theological perspectives from Orthodox European countries, Russia and the United States in order to demonstrate how divergent the positions are within Orthodox Christianity. Orthodoxy is often considered to be out-of-sync with contemporary society, set apart in a world of its own where the church intertwines with the state, in order to claim power over the populace and ignore the individual voices of modern societies. As a collective, these essays present a different understanding of the relationship of Orthodoxy to secular politics; comprehensive, up-to-date and highly relevant to politically understanding today's world. The contributors present their views and arguments by drawing lessons from the past, and by elaborating visions for how Orthodox Christianity can find its place in the contemporary liberal democratic order, while also drawing on the experience of the Western Churches and denominations. Touching upon aspects such as anarchism, economy and political theology, these contributions examine how Orthodox Christianity reacts to liberal democracy, and explore the ways that this branch of religion can be rendered more compatible with political modernity.

Book The Rule of Law in Cyberspace

    Book Details:
  • Author : Carlos Blanco de Morais
  • Publisher : Springer Nature
  • Release : 2022-09-06
  • ISBN : 3031073770
  • Pages : 397 pages

Download or read book The Rule of Law in Cyberspace written by Carlos Blanco de Morais and published by Springer Nature. This book was released on 2022-09-06 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law in cyberspace currently faces serious challenges. From the democratic system to the exercise of fundamental rights, the Internet has raised a host of new issues for classic legal institutions. This book provides a valuable contribution to the fields of international, constitutional and administrative law scholarship as the three interact in cyberspace. The respective chapters cover topics such as the notion of digital states and digital sovereignty, jurisdiction over the Internet, e-government, and artificial intelligence. The authors are eminent scholars and international experts with a profound knowledge of these topics. Particular attention is paid to the areas of digital democracy, digital media and regulation of the digital world. The approach employed is based on a comparative perspective from Germany, the Netherlands, Italy, Portugal and Brazil. One particular focus is on how various legal systems are coping with increasing difficulties in the exercise of democracy with regard to disinformation and hate speech. The roles of legislators, the judicial system and public administrations are analysed in the light of the latest cases, conflicts and technologies. In addition to this comparative approach, the book explores the evolution of rule of law in cyberspace and the upcoming new legal regimes in the European Union and Brazil. Special care is taken to offer a critical review of both the literature and the latest legal solutions adopted and being considered regarding the regulation of cyberspace from a constitutional and administrative perspective. Given its scope, the book will be of interest to researchers and scholars in the field of digital law whose work involves constitutional problems in cyberspace and/or practical problems concerning the regulation of social networks and online commerce.

Book Habermas and Theology

    Book Details:
  • Author : Maureen Junker-Kenny
  • Publisher : A&C Black
  • Release : 2011-04-28
  • ISBN : 0567033236
  • Pages : 225 pages

Download or read book Habermas and Theology written by Maureen Junker-Kenny and published by A&C Black. This book was released on 2011-04-28 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: >

Book God for a Secular Society

Download or read book God for a Secular Society written by Jürgen Moltmann and published by Fortress Press. This book was released on 1999-03-05 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this masterful analysis of the religious and political dilemmas at the end of the modern age, world-renowned theologian J rgen Moltmann assays the vaulting dreams and colossal failures of our time. He asks how we came to this point, and he argues strenuously for Christian discipleship and public theology that take sides. In both critical and creative ways he advances the specific relevance of Christian messianic hope to today's thorniest political, economic, and ecological questions-including human rights, environmental rights, globalization, market capitalism, fundamentalisms, and Jewish-Christian relations-and the deeper values contested therein.In a world reeling between utopia and disaster, Moltmann here passionately and provacatively shows how Christian discipleship, through engagement and solidarity, can blaze a redemptive path.

Book Religion  Law  and Democracy

    Book Details:
  • Author : Ernst-Wolfgang Böckenförde
  • Publisher : Oxford University Press
  • Release : 2020-11-19
  • ISBN : 0192550616
  • Pages : 480 pages

Download or read book Religion Law and Democracy written by Ernst-Wolfgang Böckenförde and published by Oxford University Press. This book was released on 2020-11-19 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ernst-Wolfgang Böckenförde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Böckenförde was a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and the challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of a trusted public office, Böckenförde has influenced the way academics and citizens think about law and politics. During his tenure on the Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions on the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. This second volume in the first representative edition in English of Böckenförde's writings brings together his essays on religion, law, and democracy. The volume is organized in five sections: I. the Catholic Church and Political Order; II. State and Secularity; III. the Theology of Law and its Relation to Political Theory; IV. Norms and the Principle of Human Dignity; and V. Excerpts from a biographical interview. Sections I, II, III, and IV are preceded by an editors' introduction to the articles as well as running editorial commentary to the work.

Book Law as Politics

    Book Details:
  • Author : David Dyzenhaus
  • Publisher : Duke University Press
  • Release : 1998
  • ISBN : 9780822322443
  • Pages : 340 pages

Download or read book Law as Politics written by David Dyzenhaus and published by Duke University Press. This book was released on 1998 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Articles previously published in the Canadian journal of law and jurisprudence.

Book Hans Kelsen and Carl Schmitt

Download or read book Hans Kelsen and Carl Schmitt written by Dan Diner and published by . This book was released on 1999 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings of a conference on Kelsen and Schmitt held Jan. 5-6, 1997 in Tel Aviv and organized by the Max Planck Institute of European Legal History, Frankfurt/Main and the Institute for German History at Tel Aviv University.

Book Join  or Die     Philosophical Foundations of Federalism

Download or read book Join or Die Philosophical Foundations of Federalism written by Dietmar Heidemann and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-08-08 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research on federalism is rarely concerned with its philosophical foundations. However, arguments on why and how best to organise a plurality of states in a multilevel political order have first been discussed by philosophers and continue to inspire contemporary reasoning on international and supranational relations not only in political philosophy. This book offers a unique overview of the philosophical foundations of federalism from both a historical and a systematic perspective. The analyses proposed by renowned scholars from the US and from several European countries cover classic writers such as Hobbes and the authors of the Federalist Papers, Kant and Rawls, and range from anthropological justifications of federal orders to contemporary problems of EU constitutionalism, the principle of subsidiarity and the jurisdiction of the European Court of Human Rights (ECHR). The book is of relevance to anyone interested in philosophical justifications of federalism.

Book Democracy s Guardians

    Book Details:
  • Author : Justin Collings
  • Publisher : OUP Oxford
  • Release : 2015-09-17
  • ISBN : 0191067628
  • Pages : 385 pages

Download or read book Democracy s Guardians written by Justin Collings and published by OUP Oxford. This book was released on 2015-09-17 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its six-decade history, the German Federal Constitutional Court has become one of the most powerful and influential constitutional tribunals in the world. It has played a central role in the establishment of liberalism, democracy, and the rule of law in post-war West Germany, and it has been a model for constitutional tribunals in many other nations. The Court stands virtually unchallenged as the most trusted institution of the German state. Written as a complete history of the German Federal Constitutional Court from its founding in 1951 up into the twenty-first century, this book explores how the court became so powerful, and why so few can resist its strength. Founded in 1951, the Court took root in a pre-democratic political culture. The Court's earliest contributions were to help establish liberal values and fundamental rights protection in the young Federal Republic. The early Court also helped democratize West German politics by reinforcing rights of speech and information, affirming the legitimacy of parliamentary opposition, and checking executive power. In time, as democratic values took hold in the country at large, the Court's early role in nurturing liberalism and democracy led many West Germans to view the Court not as a constraint on democracy, but as a bulwark of democracy's preconditions. In later decades, the Court played a stabilizing role - mediating political conflicts and integrating societal forces. Citizens disenchanted with partisan politics looked to the Court as a guardian of enduring values and a source of moral legitimacy. Through a comprehensive narrative of the Court's remarkable rise and careful analysis of its periodic crises, the work carefully dissects the success of the Court, presenting not only a traditional work of legal history, but a public history - both political and societal - as well as a doctrinal and jurisprudential account. Structured around the Court's major decisions from 1951 to 2001, the book examines popular and political reactions to those decisions, drawing heavily on newspaper accounts of major judgments and material from the archives of individual politicians and judges. The result is an impressive case study of the global phenomenon of constitutional justice.

Book The Weimar Moment

    Book Details:
  • Author : Leonard V. Kaplan
  • Publisher : Lexington Books
  • Release : 2012-01-26
  • ISBN : 0739140744
  • Pages : 556 pages

Download or read book The Weimar Moment written by Leonard V. Kaplan and published by Lexington Books. This book was released on 2012-01-26 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Weimar Moment’s evocative assault on closure and political reaction, its offering of democracy against the politics of narrow self-interest cloaked in nationalist appeals to Volk and “community” – or, as would be the case in Nazi Germany, “race” – cannot but appeal to us today. This appeal –its historical grounding and content, its complexities and tensions, its variegated expressions across the networks of power and thought – is the essential context of the present volume, whose basic premise is unhappiness with Hegel’s remark that we learn no more from history than we cannot learn from it. The challenge of the papers in this volume is to provide the material to confront the present effectively drawing from what we can and do understand.

Book Political Theology Today

Download or read book Political Theology Today written by Mitchell Dean and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost 100 years have passed since Carl Schmitt gave his controversial definition of the sovereign as the one who decides on the exception in his by now classic Political Theology (1922). Written at a time of crisis, the book sought to establish the institution of sovereignty, not from within a well-functioning governing machine of the state in a situation of normality, but rather as the minimal condition of state order in the moment of governmental breakdown. The book appeared anachronistic already at its publication. Schmitt went against Max Weber's popular thesis defining secularization as a disenchantment of the world characterizing modern societies, and instead suggested that the concepts of modern politics mirrored a metaphysics originating in Christianity and the church. Nevertheless, the concept of political theology has in recent years seen a revival as a field of research in philosophy as well as political theory, as studies in the theological sub-currents of politics, economics and sociality proliferate.

Book Demokratie

    Book Details:
  • Author : Andrei S. Markovits
  • Publisher : Böhlau Verlag Wien
  • Release : 2001
  • ISBN : 9783205993421
  • Pages : 340 pages

Download or read book Demokratie written by Andrei S. Markovits and published by Böhlau Verlag Wien. This book was released on 2001 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Criticising the Ruler in Pre Modern Societies     Possibilities  Chances  and Methods

Download or read book Criticising the Ruler in Pre Modern Societies Possibilities Chances and Methods written by Karina Kellermann and published by V&R Unipress. This book was released on 2019-12-09 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: In vormodernen Monarchien beobachten wir Widerspruch und Widerstand gegen einzelne Herrscher, ihre politischen Entscheidungen und ihre Verwaltung, aber in der Regel keine direkten Angriffe auf die Ordnungsprinzipien und das politische System. Wenn Unzufriedenheit zu Aufständen und Revolten führten, blieb es normalerweise bei einem bloßen Austausch des Regenten. Subtilere Methoden der Herrscherkritik konnten sich mittels fester Usancen oder spezifischer Codes und Spielregeln innerhalb des legalen Rahmens Gehör verschaffen und zielten darauf ab, die Qualitäten des Regenten zu verbessern oder spezifische Modi der Amtsführung zu reformieren. Diese verschiedenen Formen und Praktiken von Herrscherkritik in vormodernen monarchischen Gesellschaften sind Gegenstand dieses Bandes. When looking at pre-modern monarchical societies, one does not expect to observe fundamental dissent directed at the social order as such or at the political system. As a rule, criticism was limited to individual monarchs, their performance and decisions. While discontent could lead to insurrection and rebellion, which normally only culminated in the ruler being replaced by another monarchical figurehead, the subtler methods of voicing criticism were applied within a framework of legality, of a set of customs or of a code of rules of the game and intended to improve the performance of the incumbent or reform his conduct at court. The various forms of verbal or staged censure of rulers in pre-modern monarchical societies are the subject of this volume.

Book Between the Norm and the Exception

Download or read book Between the Norm and the Exception written by William E. Scheuerman and published by MIT Press. This book was released on 1997-01-22 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, 1996 Elaine and David Spitz Book Prize for the best book onliberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association. Between the Norm and the Exception contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the "rule of law" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law.

Book Dimensions of Constitutional Democracy

Download or read book Dimensions of Constitutional Democracy written by Anupama Roy and published by Springer Nature. This book was released on 2020-06-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines a selection of themes that have become salient in contemporary debates on constitutional democracies. It focuses in particular on the experiences of India and Germany as examples of post-war and post-colonial constitutional democracies whose trajectories illustrate democratic transitions and transformative constitutionalism. While transformative constitutionalism has come to be associated specifically with the post-apartheid experience in South Africa, this book uses the transformative as an analytical framework to transcend the dichotomy of west and east and explore how temporally coincident constitutions have sought to install constitutional democracies by breaking with the past. While the constitution-making processes in the two countries were specific to their political contexts, the constitutional promises and futures converged. In this context, the book explores the themes of Constitutionalism, Nationalism, Secularism, Sovereignty and Rule of Law, Freedoms and Rights, to investigate how the contestations over democratic transitions and democratic futures have unfolded in the two democracies. It offers readers valuable insights into how the normative frameworks of constitutional democracy take concrete form at specific sites of democratic and constitutional imagination in Dalit and Islamic writings, as well as the relationship between state and religion in the writings of public intellectuals, political and legal philosophers. The book also focuses on specific sites of contestation in democracies including the relationship between sovereignty and citizenship in post-colonial India, free speech and sedition in liberal democracies, questions of land rights in connection with economic and political changes in contemporary contexts, and the rights of indigenous communities with regard to international conventions and domestic law. Given its scope, it will be of interest to students and scholars of political theory, political philosophy, comparative constitutionalism, law and human rights.