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Author: James E. Herget
Publisher: University of Pennsylvania Press
Published: 1996
Total Pages: 176
ISBN-13: 9780812233605
DOWNLOAD EBOOKContemporary 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
Published: 2017-11-15
Total Pages: 164
ISBN-13: 1512802581
DOWNLOAD EBOOKJames 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
Published: 2014-07-17
Total Pages: 167
ISBN-13: 1107415977
DOWNLOAD EBOOKOriginally 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.
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Published: 1911
Total Pages: 424
ISBN-13:
DOWNLOAD EBOOKAuthor: John P. McCormick
Publisher: Cambridge University Press
Published: 2007-04-16
Total Pages: 295
ISBN-13: 1139463578
DOWNLOAD EBOOKThis 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
Published: 2022-10-21
Total Pages: 118
ISBN-13: 1000772977
DOWNLOAD EBOOKWhen 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: Christopher Berry Grey
Publisher: Routledge
Published: 2013-07-04
Total Pages: 485
ISBN-13: 1135582769
DOWNLOAD EBOOKFrom 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
Published: 1999
Total Pages: 485
ISBN-13: 0815313446
DOWNLOAD EBOOKFrom 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.
Author: Bradley Shingleton
Publisher: Wipf and Stock Publishers
Published: 2019-10-31
Total Pages: 274
ISBN-13: 1532619022
DOWNLOAD EBOOKThe nature and role of positive law has largely been neglected in recent Protestant theology and social ethics. Modern Protestantism and Positive Law introduces and critically summarizes a tradition in Continental Protestant thought about human law, drawing on writings of Barth, Brunner, Ellul, Thielicke, Wolf, Pannenberg, Huber, and Kreβ, many of which have not been translated into English. The book argues that law is an essential political and social institution within developed societies, one that is normative and dependent on an encompassing vision of justice but that also necessarily reflects the contemporary pluralism of those societies. Modern Protestantism and Positive Law argues that theological and ethical perspectives on positive law developed by Protestant thinkers have a place in reflection on positive law, provided they are conceived and expressed in a manner appropriately respectful of the diversity of contemporary opinion regarding the expression of religious perspectives in the public arena.
Author: Marek Zirk-Sadowski
Publisher: Routledge
Published: 2016-02-24
Total Pages: 295
ISBN-13: 1317008898
DOWNLOAD EBOOKThis volume analyses current debates concerning problems in the nature, justification, and legal protection of human rights for minorities, with reference to the issues surrounding social milieu as a source of any legitimized law, which is in itself in need of legal recognition as well as being an object of legal protection. With contributions from a global network of scientists across several continents, the work examines the debate dedicated to the understanding of the normative framework, expressed in terms of human rights that guarantee autonomous action in public and private for minority groups as well as individuals. The chapters go on to study the particular claims that need to be audible and visible for others in the public sphere with reference to the legal protection of human rights. The work concludes with the completion of an interpretative circle debating the issues of legal consensus and legal identity with respect to the specificity of the patterns and modes guiding human interactions. Going beyond the legal analysis to discuss communication strategies in human rights, this collection will be of great interest to those studying the philosophy and theory of law, practical philosophy in general, political sciences and theory of democracy.
