Contemporary German Legal Philosophy
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Author | : James E. Herget |
Publisher | : University of Pennsylvania Press |
Total Pages | : 176 |
Release | : 1996 |
Genre | : Law |
ISBN | : 9780812233605 |
Contemporary German Legal Philosophy makes the major schools of thought in German legal scholarship since World War II available to an English-speaking audience.
Author | : James E. Herget |
Publisher | : University of Pennsylvania Press |
Total Pages | : 164 |
Release | : 2017-11-15 |
Genre | : Law |
ISBN | : 1512802581 |
James Herget explains to American legal scholars and students the main points of the characteristic legal philosophy that has developed in the German-speaking world since World War II. After a historical introduction and overview, he discusses critical rationalism, discourse theory, rhetorical theory, systems theory, and institutional legal positivism. He concludes with a general assessment and appends biographical information. Written for American legal scholars and students, who traditionally are exposed only to filtered versions of comparative legal traditions, this volume introduces a new world of legal theory that resonates within the context of other contemporary disciplines and German intellectual history.
Author | : Werner Brock |
Publisher | : Cambridge University Press |
Total Pages | : 167 |
Release | : 2014-07-17 |
Genre | : Philosophy |
ISBN | : 1107415977 |
Originally published in 1935, this book charts the development of philosophy in Germany from German Humanism to Heidegger and his contemporaries. Brock also devotes an entire chapter to the lasting impact of Nietzsche and Kierkegaard on German philosophy. This book will be of value to anyone with an interest in the history of German philosophy and its presentation before WWII.
Author | : Andrzej Grabowski |
Publisher | : Springer Science & Business Media |
Total Pages | : 603 |
Release | : 2013-06-24 |
Genre | : Law |
ISBN | : 3642276881 |
This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.
Author | : |
Publisher | : |
Total Pages | : 492 |
Release | : 1914 |
Genre | : Law |
ISBN | : |
Author | : John P. McCormick |
Publisher | : Cambridge University Press |
Total Pages | : 295 |
Release | : 2007-04-16 |
Genre | : Political Science |
ISBN | : 1139463578 |
This book critically engages Jürgen Habermas's comprehensive vision of constitutional democracy in the European Union. John P. McCormick draws on the writings of Max Weber (and Habermas's own critique of them) to confront the difficulty of theorizing progressive politics during moments of radical state transformation. Both theorists employ normative and empirical categories, drawn from earlier historical epochs, to analyze contemporary structural transformations: Weber evaluated the emergence of the Sozialstaat with antedated categories derived from nineteenth-century and premodern historical examples; while Habermas understands the EU almost exclusively in terms of the liberal (Rechtsstaat) and welfare state (Sozialstaat) paradigms. Largely forsaking the focus on structural transformation that characterized his early work, Habermas conceptualizes the EU as a territorially expanded nation-state. McCormick demonstrates the deficiencies of such an approach and outlines a more appropriate normative-empirical model, the supranational Sektoralstaat, for evaluating prospects for constitutional and social democracy in the EU.
Author | : Jeong-Oh Kim |
Publisher | : Taylor & Francis |
Total Pages | : 118 |
Release | : 2022-10-21 |
Genre | : Philosophy |
ISBN | : 1000772977 |
When Korea began as a newly independent state in 1948, its economy was very underdeveloped and the rule of law was just established. The journey of democratization in Korea was not without challenges. This book traces the history of the legal philosophy development in Korea and highlights Korea's unique experience. This book shows how Western legal philosophy has been accepted in Korea, a non-Western country that has newly introduced the Western legal system and what role the legal philosophy has played in social context. The book also examines academic scholars' intellectual activities in a historical context and how their intellectual products are yielded through their continuous response to the circumstances of the time. It specifically looks at the many challenging tasks legal philosophers had to overcome in a society when the rule of law and democracy had not yet settled. The book explores how Korean legal philosophers coped during such unique historical situations. It also illustrates how Korean scholars accepted German and Anglo-American legal philosophies and integrated them to change social realities of Korea. Through Korea’s experience, this book will provide insights into how modern legal philosophy develops in a new state and what legal philosophers' responses would be like during such a process. The developing process of legal philosophy in Korean society will interest not only readers in countries who have had similar experiences to Korea, but also readers in the West.
Author | : Jie Li |
Publisher | : tredition |
Total Pages | : 271 |
Release | : 2023-12-25 |
Genre | : Language Arts & Disciplines |
ISBN | : 3384099907 |
This volume explores the potentials and perspectives upon educational diplomacy, promoting a better mutual understanding on the European and the Chinese traditions and their visions for the future. Together an essay competition was held from January to September 2023, which concluded with a symposium on the 23 rd of September. During this project young students and young professionals from Europe and China were invited to submit their essays on the following topics: •How will exchange programs develop in the future? •How can curiosity and enthusiasm for the other culture be awaken and strengthened? •What potential does educational diplomacy have? •What is the new approach to international and global education? The submissions of this unique academic project are collected in this publication, encompassing a wide range of authors from different interdisciplinary and intercultural backgrounds , coming from E urope and China This project was run in collaboration between the Institute for Greater Europe and the European Guanxi. Both are youth led think tanks run by young academics and young professionals from all over Europe and beyond. Meanwhile, the Institute for Greater Europe puts a focus on the role of the European Idea on the European continent and beyond, European Guanxi searches to foster a mutual understanding between Europe and China.
Author | : Christopher Berry Grey |
Publisher | : Routledge |
Total Pages | : 485 |
Release | : 2013-07-04 |
Genre | : Philosophy |
ISBN | : 1135582769 |
From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
Author | : Christopher Berry Gray |
Publisher | : Taylor & Francis |
Total Pages | : 485 |
Release | : 1999 |
Genre | : Law |
ISBN | : 0815313446 |
From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of:The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and to.