Citizenship, Democracy and Justice in the New Europe


Book Description

The contributors to this study address the question of how political theory is relevant to the construction of new Europe and the tie-in issues of citizenship, social justice and political legitimacy. By using techniques of contemporary political theory, the book argues that the emergence of new Europe poses fundamental questions of value and principle and challenges more established political theories in the process.




Biotechnologie, Ethik und Recht Im Wissenschaftlichen Zeitalter


Book Description

Content: Bioethik, Technologie und Recht: A. Kaufmann: Biotechnologie und Bioethik u I. Kato: Why is Bioethics Sought in our Contemporary Society? uW. Maihofer: Gerechtigkeit und Zweckmaaigkeit u C. B. Lowy: Self-Regarding and Other-Regarding Commitment in Medical Decision Making u H. Nito: Evolutionary Process of the Principle of the Right to a Healthy Environment uM. Santos: Technol. Possibilities and the Dignity of Human Life u Naturrechtliche Grundlagen des positiven Rechts: R. P. Francis: Natural Law as Fundamental to Positive Law u H. Klenner: Widerstandsrecht bei Kant u J. Llompart: Dichot. Rechtsphilosophie u U. Z. Pak: Naturrechtsdenktradition u D. A. J. Richards: Liberalism and Theories of Virtue and Vice u Menschenrechte und soziale Gerechtigkeit: E. E. Dais: Rights and Judicial Reasoning: The Deprivational Theory u G. Lafrance: La rationalite des Droits de l'homme uU. Lohmann: Sozialstaat, Sozialpolitik, soziale Gerechtigkeit u S. Morimura: Paternalism and the Indeterminacy of Personal Identity u Y. Nawata: Grundrecht und das Staat-Burger-Verhaltnis u C. Wellman: Social Justice and Human Rights u W. Sadurski: Human Rights and Fundamental Values u Computer und Recht: C. Biagioli: Normative Texts and Representation Languages u M. Kitahara: Impact of the Computer on the Interpretation of Law u A. A. Martino: Legal Expert Systems u F. Lachmayer: Expertensysteme fur die Gesetzgebung u H. Matsumoto: Logical Formalization of Hohfeld's Fundamental Legal Conceptions u A. Saarenpaa: Legal Data Banks and Skills. (Franz Steiner 1991)










Philosophie der Mathematik


Book Description







Constitutionalism in the Global Realm


Book Description

This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.




Sovereignty and Liberty


Book Description

The attitude we take to power is almost invariably one of distrust, never more so than when it claims to be sovereign. And yet, we have always been drawn to sovereignty. Out of fear or fascination, we accepted that it was a condition of our liberty; that to assert ourselves as free, we would have to work not against but through sovereign power. This book retraces the history of the implication of sovereignty and liberty, an implication that has shaped the way we live together, as individuals and as political beings. Shedding new light on the work of key political and constitutional thinkers, including Marsilius of Padua, Hobbes, Hegel, Kelsen, and Schmitt, it identifies the conceptual operations that created sovereignty and shows how subjection to an absolute and undivided power came to be a source of meaning. At the heart of the analysis is the idea that sovereignty made reference to and relied upon a form of faith which aligned man’s political existence on law. Offering new and often controversial insights into the grounds of our attachment to sovereign power and into the crisis that is currently affecting its institutions, this book will appeal to students and scholars of law, politics, history of philosophy, and the social sciences.







German Political Philosophy


Book Description

This book combines philosophical, intellectual-historical and political-theoretical methodologies to provide a new synoptic reading of the history of German political philosophy. Incorporating chapters on the political ideas of Luther and Zwingli, on the politics of the early Enlightenment, on Idealism, on Historicism and Lukács, on early Twentieth-Century political theology, on the Frankfurt School, and on Habermas and Luhmann, the book sets out both a broad and a detailed discussion of German political reflection from the Reformation to the present. In doing so, it explains how the development of German political philosophy is marked by a continual concern with certain unresolved and recurrent problems. It claims that all the major positions address questions relating to the origin of law, that all seek to account for the relation between legal validity and metaphysical and theological superstructures, and that all are centred on the attempt to conceptualise and reconstruct the character of the legal subject.