The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) PDF full book. Access full book title The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) by James R. Silkenat. Download full books in PDF and EPUB format.
Author: James R. Silkenat Publisher: Springer ISBN: 3319055852 Category : Law Languages : en Pages : 367
Book Description
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Author: James R. Silkenat Publisher: Springer ISBN: 3319055852 Category : Law Languages : en Pages : 367
Book Description
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Author: James E. Fleming Publisher: NYU Press ISBN: 0814728448 Category : Political Science Languages : en Pages : 310
Book Description
The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.
Author: Sebastián Urbina Publisher: Springer Science & Business Media ISBN: 9789041118707 Category : Law Languages : en Pages : 272
Book Description
We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order.
Author: Fernanda Pirie Publisher: Basic Books ISBN: 1541617959 Category : History Languages : en Pages : 546
Book Description
From ancient Mesopotamia to today, the epic story of how humans have used laws to forge civilizations Rulers throughout history have used laws to impose order. But laws were not simply instruments of power and social control. They also offered ordinary people a way to express their diverse visions for a better world. In The Rule of Laws, Oxford scholar Fernanda Pirie traces the rise and fall of the sophisticated legal systems underpinning ancient empires and religious traditions, while also showing how common people—tribal assemblies, merchants, farmers—called on laws to define their communities, regulate trade, and build civilizations. Although legal principles originating in Western Europe now seem to dominate the globe, the variety of the world’s laws has long been almost as great as the variety of its societies. What truly unites human beings, Pirie argues, is our very faith that laws can produce justice, combat oppression, and create order from chaos.
Author: Jothie Rajah Publisher: Cambridge University Press ISBN: 1107012414 Category : Law Languages : en Pages : 367
Book Description
Through a focus on Singapore, this book presents an analysis of authoritarian legalism, showing how prosperity, public discourse, and a rigorous observance of legal procedure enable a reconfigured rule of law - liberal form but illiberal content. It shows how institutions and process become tools to constrain dissenting citizens while protecting those in political power.
Author: Ian McLeod Publisher: Palgrave MacMillan ISBN: 9781403948700 Category : European Union Languages : en Pages : 351
Book Description
Legal Method provides a lively introduction to both the nature of the English legal system and its sources, and the techniques which lawyers use when handling those sources. Now in its fifth edition, it has become a well-established and popular text for those who want a clear and accessible introduction to the subject. This edition has been fully updated throughout.
Author: Paul Cliteur Publisher: Routledge ISBN: 1000578763 Category : Law Languages : en Pages : 176
Book Description
A New Introduction to Legal Method provides a comprehensive overview of legal science and the scientific character of legal knowledge. In five chapters, the book analyses and explores: (i) legal methodology in general, the main features of different schools of thought, and the nature of science in general; (ii) American realism, which offers an ideal starting point for law students to reflect on the material they are about to study critically; (iii) rationalism, empiricism, and logical positivism, in particular the work of Karl Popper; (iv) criticisms of essentialism; (v) the ideological and philosophical background of contemporary liberal interpretation. The inclusion of Dutch, French, and German literature sources makes this law title differ from previous writings on legal science. This textbook is ideal for students of legal method, and will be of great interest to those studying legal science, jurisprudence, legal research,and legal skills.
Author: Thomas M J Möllers Publisher: Beck/Hart ISBN: 9781509938018 Category : Law Languages : en Pages : 608
Book Description
This work provides lawyers with more than 100 legal interpretation figures that are used by lawyers worldwide to justify their legal decisions. The book puts lawyers in a position, to develop - step by step - a solution for a hitherto unsolved legal problem in such a way that it convinces the opposing party of the content of his/her solution. The book covers - legal sources - classic and modern figures of interpretation - the challenging concretisation and construction of law - influence of the constitution and European law as a higher-ranking law - determination of the limits of permissible further development of the law - and, very relevant for practice, the hermeneutics of facts The book benefits from a combination of classic and modern methodology, a lively presentation with numerous examples from literature and jurisprudence and coverage of several cases for in-depth reflection. The work will be a significant tool for all those interested in the basics of law.
Author: James R. Silkenat
Author: James R. Silkenat
Author: James E. Fleming
Author: Sebastián Urbina
Author: Fernanda Pirie
Author: Michael A. Berch
Author: Jothie Rajah
Author: Ian McLeod
Author: Paul Cliteur
Author: Thomas M J Möllers
Author: Yves Dezalay