ISBN:
9783319055855
Language:
English
Pages:
Online-Ressource (XII, 367 p, online resource)
Series Statement:
Ius Gentium: Comparative Perspectives on Law and Justice 38
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Druckausg. The legal doctrines of the rule of law and the Legal State (Rechtsstaat)
Keywords:
Philosophy of law
;
Law
;
Law
;
Philosophy of law
;
Aufsatzsammlung
;
Rechtsstaat
;
Rechtsphilosophie
;
Rechtsstaatsprinzip
Abstract:
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
Description / Table of Contents:
Acknowledgements; Introduction ; Contents; Part I: General Perspectives on Rule of Law and the Legal State; Chapter 1: What Is the Rule of Law and Why Is It So Important?; 1.1 Introduction; 1.2 What the Rule of Law Is; 1.3 What the Rule of Law Requires of Us; 1.4 Where the Rule of Law Comes From; 1.5 Why the Rule of Law Is So Valuable; 1.6 How to Secure the Rule of Law; 1.7 Some Practical Requirements; 1.8 Exceptions to the Rule of Law; 1.9 Conclusion; Chapter 2: On the Foundations of the Rule of Law and the Principle of the Legal State/Rechtsstaat; 2.1 Introduction; 2.2 The Form of Law
Description / Table of Contents:
2.2.1 What Do Politics, Administrative Decisions and Law Have in Common?2.2.2 What Is the Aim of Politics, Administrative Decisions and Law?; 2.2.3 What Is the Necessary Aim of Politics?; 2.2.4 What Is Then the Necessary Aim of Law?; 2.2.5 What Distinguishes Law from Other Social Facts?; 2.3 The Ethical Grounding of the Rule of Law; 2.4 The Core in Which the Rule of Law and the Legal State/Rechtsstaat Coincide; 2.5 Concrete Applications in Which the Rule of Law and the Principle of the Legal State Divide
Description / Table of Contents:
Chapter 3: Philosophical Foundations of the Principle of the Legal State (Rechtsstaat) and the Rule of Law3.1 The Common Goal of the Rule of Law and the Principle of the Legal State; 3.1.1 Mutual Influences; 3.1.2 Conceptions of the Opposition of the Rule of Law and the Principle of the Legal State in the Positivistic School of Public Law; 3.2 The Foundation of the Rule of Law and the Legal State in Freedom; 3.2.1 The Form of Law; 3.2.2 Freedom and Law; 3.3 Legal Freedom, the Rule of Law and the Principle of the Legal State; Chapter 4: Rule of Law (and Rechtsstaat); 4.1 Law and State
Description / Table of Contents:
4.2 Arbitrary Power: Uncontrolled or Unruly4.3 Thin or Thick; 4.4 Anatomy or Teleology; 4.5 Legal or Socio-legal; References; Chapter 5: The Rule of Law and Legal State Doctrines as a Methodology of the Philosophy of Law; 5.1 Some Theoretical Issues; 5.2 Practical Issues; 5.3 Conclusion; Chapter 6: Applying the Rule of Law to Contexts Beyond the State; 6.1 The Rule of Law Paradigm; 6.2 Extending the Rule of Law to Non-state Legal Structures; 6.2.1 Discourses in Constitutional Law: Rule of Law as a Constitutional Principle
Description / Table of Contents:
6.2.2 Development Policy Discourses: The Rule of Law as a Model and Yardstick6.2.3 Global Governance Discourse: The Rule of Law as a Building Block of Global Governance; 6.2.4 Summary; 6.3 The Rule of Law as a Global Yardstick, Even and Especially in Contexts Beyond the State; 6.3.1 The Growing Significance of the Rule of Law in Discussions on the Legitimation of Governance Beyond the Nation-State; 6.3.2 Rule of Law Principles as "Second-Order Rules"; 6.3.3 Rules for Rule-Making: The Example of Non-state Standard-Setting; 6.3.4 Norm-Setting in Place of the State: Filling the Regulatory Gap
Description / Table of Contents:
6.4 Conclusion
Description / Table of Contents:
Special Thank YouAcknowledgements -- Introduction; James R. Silkenat, James E. Hickey, Jr. and Peter Barenboim -- Part One - General Perspectives On Rule Of Law And The Legal State -- Chapter 1. What is the Rule of Law and why is it so important; Mortimer Sellers -- Chapter 2. On the Foundations of the Rule of Law and the Principle of the Legal State/Rechtsstaat; Dietmar von der Pfordten -- Chapter 3. Philosophical Foundations of the Principle of the Legal State (Rechtsstaat) and the Rule of Law; Stephan Kirste -- Chapter 4. Rule of Law (and Rechtsstaat); Martin Krygier -- Chapter 5. The Rule of Law and Legal State Doctrines as a Methodology of the Philosophy of Law; Demitriy Dedov -- Chapter 6. Applying the Rule of Law to Contexts Beyond the State; Matthias Kötter and Gunnar Folke Schuppert -- Chapter 7. The Rule of Law as a Global Norm for Constitutionalism; Francois Venter -- Chapter 8. The Ill-fated Union: Constitutional Entrenchment of Rights and the Will Theory from Rousseau to Waldron; Aniceto Masferrer and Anna Taitslin -- Chapter 9. The Measure of Law: The Non-instrumental Legal Side from the State to the Global Setting (and from Hamdan to Al Jedda); Gianluigi Palombella -- Chapter 10. Rule of Law, Legal State and Other International Legal Doctrines: Linguistic Aspects of their Convergence and Differentiation; Yuri A. Sharandin and Dmitry V. Kravchenko -- Part Two - Specific Perspectives on the Rule of Law and the Legal State -- Chapter 11. Freedom, Equality, Legality; T R S Allan -- Chapter 12. The Rechtsstaat-Principle in Germany: The Development from the Beginning Until Now; Paul Tiedemann -- Chapter 13. The German Rechtsstaat in a Comparative Perspective; Rainer Grote -- Chapter 14. The Russian Judicial Doctrine of the Rule of Law: Twenty Years After; Gadis Gadzhiyev -- Chapter 15. The Law is a Causeway: Metaphor and the Rule of Law in Russia; Jeffrey Kahn -- Chapter 16. American Constitutional Analysis and a Substantive Understanding of the Rule of Law; Robin Charlow -- Chapter 17. Building a Government of Laws: Adams and Jefferson 1776-1779; James Maxeiner -- Chapter 18. Rule of Law v. Legal State: Where Have We Come from, Where are We Going To?; Nadia E. Nedzel -- Chapter 19. The Rule of Law in the Middle East; Hossein Esmaeili.- Chapter20. Waiting for the Rule of Law in Brazil: A Meta-Legal Analysis of the Insufficient Realization of the Rule of Law in Brazil; Augusto Zimmerman.-Chapter 21. The Rule of Law and the United Nations; Edric Selous -- Giovanni Bassu -- Editors -- Contributors.
Note:
Description based upon print version of record
DOI:
10.1007/978-3-319-05585-5
URL:
Volltext
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