From Rechtsstaat to Universal Law-State an Essay in Philosophical Jurisprudence

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From Rechtsstaat to Universal Law-State an Essay in Philosophical Jurisprudence

springer.com Law : Theories of Law, Philosophy of Law, Legal History Frändberg, Åke From Rechtsstaat to Universal Law-State An Essay in Philosophical Jurisprudence The only contemporary book that comprehensively deals with the law-state idea Develops a lawyers´philosophy of law, combining philosophical analysis and practical considerations Provides a universal "Rechtsstaat" concept for our time 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 Springer 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 2014, XI, 190 p. 2 illus. 1st legal protection against infringements brought about by the exercise of power on the part of edition 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 Printed book and sustaining these values in practice. Finally, it is argued that the characteristic law-state Hardcover values can only be justified by reference to an even more fundamental humanistic idea, namely, what the author calls “a life of human dignity”. Printed book Hardcover Order online at springer.com/booksellers ISBN 978-3-319-06783-4 Springer Nature Customer Service Center LLC $ 149,99 233 Spring Street Available New York, NY 10013 Discount group USA Professional Books (2) T: +1-800-SPRINGER NATURE (777-4643) or 212-460-1500 Product category [email protected] Monograph Series Law and Philosophy Library Other renditions Softcover ISBN 978-3-319-06785-8 Softcover ISBN 978-3-319-38027-8 Prices and other details are subject to change without notice. All errors and omissions excepted. Americas: Tax will be added where applicable. Canadian residents please add PST, QST or GST. Please add $5.00 for shipping one book and $ 1.00 for each additional book. Outside the US and Canada add $ 10.00 for first book, $5.00 for each additional book. If an order cannot be fulfilled within 90 days, payment will be refunded upon request. Prices are payable in US currency or its equivalent. ISBN 978-3-319-06783-4 / BIC: LAB / SPRINGER NATURE: SCR11011 Part of .

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Rechtsstaat Und Rechtsstaatlichkeit in Germany Matthias Koetter
Matthias Koetter / Gunnar Folke Schuppert Understandings of the Rule of Law in various Legal Orders of the World http://wikis.fu‐berlin.de/display/SBprojectrol/Home Rechtsstaat und Rechtsstaatlichkeit in Germany Matthias Koetter Rechtsstaat (the law‐based‐state) and Rechtsstaatlichkeit (the German variant of the rule of law) are core concepts of German constitutional thought. Canonized together with the principle of democracy, the concepts of the republican, federalist and social welfare state and the indispensable guarantee of the human dignity they refer to a 200‐year‐tradition. From the perspective of a formal understanding, the term Rechtsstaat describes the type of state architecture and political order system in which all publicly applied power is created by the law and is obliged to its regula‐ tions and underlies numerous fragmentations of power and control mechanisms (ʺBindung und Kontrolleʺ). Rechtsstaatlichkeit in this sense is a collective term for numerous (sub‐)principles that allow the taming of politics by the law and shall avoid arbitrariness. From the perspective of a more substantive understanding, Rechtsstaatlichkeit also expresses democratic concerns and the respect to individual human freedom and equality and thus the commitment to a liberal and just constitu‐ tional order. In Germany, both perspectives are represented and both relate to the totalitarian unlawful regime established inbetween 1933‐45 as an anti‐model. The discourse is strongly characterized by the self‐certainty of a role model Rechtsstaat formed by the Grundgesetz (GG), the German constitution. From this, integrating the German state into transnational networks will always require adequate provi‐ sions for the strict law‐based exercise of power.
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springer.com Åke Frändberg From Rechtsstaat to Universal Law-State An Essay in Philosophical Jurisprudence Series: Law and Philosophy Library The only contemporary book that comprehensively deals with the law-state idea Develops a lawyers´philosophy of law, combining philosophical analysis and practical considerations Provides a universal "Rechtsstaat" concept for our time 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 2014, XI, 190 p. 2 illus. 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 Printed book the state. In the book basic concepts such as legality, legal equality, legal certainty, legal Hardcover accessibility and legal security are investigated. Also explored are their mutual relations, in 119,99 € | £109.99 | $149.99 particular, conflicts between them. Furthermore, the book offers practical advice on realising [1]128,39 € (D) | 131,99 € (A) | CHF and sustaining these values in practice. Finally, it is argued that the characteristic law-state 141,50 values can only be justified by reference to an even more fundamental humanistic idea, Softcover namely, what the author calls “a life of human dignity”. 99,99 € | £90.00 | $129.00 [1]106,99 € (D) | 109,99 € (A) | CHF 133,63 eBook 85,59 € | £72.00 | $99.00 [2]85,59 € (D) | 85,59 € (A) | CHF 106,50 Available from your library or springer.com/shop MyCopy [3] Printed eBook for just € | $ 24.99 springer.com/mycopy Order online at springer.com / or for the Americas call (toll free) 1-800-SPRINGER / or email us at: [email protected].
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