書(shū)目名稱 | From Rechtsstaat to Universal Law-State |
副標(biāo)題 | An Essay in Philosop |
編輯 | ?ke Fr?ndberg |
視頻video | http://file.papertrans.cn/349/348902/348902.mp4 |
概述 | 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 " |
叢書(shū)名稱 | Law and Philosophy Library |
圖書(shū)封面 |  |
描述 | .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 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 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 and sustaining these values in practice. Finally, it is argued that the characteristic law-state values can only be justified by reference to an even more fundamental humanistic idea, namely, what the author calls “a life of human dignity”.. |
出版日期 | Book 2014 |
關(guān)鍵詞 | Basic law-state values; Clarification of the Law-State; Compliance with the law; Democracy, judicial re |
版次 | 1 |
doi | https://doi.org/10.1007/978-3-319-06784-1 |
isbn_softcover | 978-3-319-38027-8 |
isbn_ebook | 978-3-319-06784-1Series ISSN 1572-4395 Series E-ISSN 2215-0315 |
issn_series | 1572-4395 |
copyright | Springer International Publishing Switzerland 2014 |