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The Law and the State

Author: Léon Duguit
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 220

Book Description

The Law and the State; French and German Doctrines

Author: Leon Duguit
Publisher: Andesite Press
ISBN: 9781376043822
Category : History
Languages : en
Pages : 216

Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

LAW & THE STATE FRENCH & GERMA

Author: Leon 1859-1928 Duguit
Publisher: Wentworth Press
ISBN: 9781372553752
Category : History
Languages : en
Pages : 216

The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)

Author: James R. Silkenat
Publisher: Springer
ISBN: 3319055852
Category : Law
Languages : en
Pages : 366

Book Description
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.

The Three Branches

Author: Christoph Möllers
Publisher: Oxford University Press
ISBN: 0199602115
Category : Law
Languages : en
Pages : 275

Book Description
The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.

The Doctrine of State and the Principles of State Law

Author: Friedrich Julius Stahl
Publisher: WordBridge Publishing
ISBN: 9076660093
Category : Law
Languages : en
Pages : 507

Book Description
Friedrich Julius Stahl was one of Germany's leading constitutional scholars in the 19th century, prior to the advent of Bismarck and the establishment of a united Germany. The Doctrine of State and the Principles of State Law is the centerpiece of his magnum opus, the Philosophy of Law. This is the first English-language translation of this key work of legal and political philosophy. It is written from a Christian and conservative background, but cognizant of and generous toward the liberal mainstream of constitutional opinion that characterized his day. Historians, legal scholars, and philosophical fellow-travelers all will gain greatly by perusing this magnificent yet forgotten work.

Calvin's Doctrine of the State

Author: Mark J. Larson
Publisher: Wipf and Stock Publishers
ISBN: 1498275540
Category : Religion
Languages : en
Pages : 107

Book Description
Contemporary treatments of Calvin's political views often imply that he embraced a theocratic civil polity and that he was committed to holy war doctrine. On the basis of the primary sources, the first half of this volume argues that neither position is correct. Calvin, in his political thought, maintained the superiority of a republic as a civil polity. In addition, he placed himself firmly within the medieval just war tradition that was established by Augustine of Hippo and later reaffirmed by Thomas Aquinas. In terms of his commitment to classical just war teaching, Calvin stood in continuity with Martin Luther, even while he distanced himself from the holy war perspective of the Zurich Reformers Henry Bullinger and Peter Martyr Vermigli. In the thinking of Calvin, a war could only be authorized by the state, not the church. War had to be prosecuted with humanity and restraint, and not in the tradition of the medieval crusade. The second half of the book sets forth what Calvin actually believed on the matter of government and war. Here we examine his teaching on parliamentary resistance to monarchical tyranny and the full dimensions of his commitment to justice of war categories. Unlike Luther and Bullinger, Calvin provided a parliamentary remedy for the perennial evil of tyranny. With Vermigli and Theodore Beza siding with Calvin on this right, a body of Reformed doctrine was established to which succeeding generations could appeal for teaching, direction, and justification for taking up arms. It is clear that Calvin's political legacy is profoundly evident in the American Revolutionary War and in the constitutional determination for a republic in the United States of America. Calvin's ecclesiastical republicanism, as it came to fruition in Presbyterian church government, was a powerful impetus toward the creation of republican institutions in civil government.