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Author: Aldo Sandulli Publisher: Taylor & Francis ISBN: 1040022596 Category : Law Languages : en Pages : 215
Book Description
This book examines the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.
Author: Aldo Sandulli Publisher: Taylor & Francis ISBN: 1040022596 Category : Law Languages : en Pages : 215
Book Description
This book examines the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.
Author: Peter Berkowitz Publisher: Hoover Press ISBN: 0817914366 Category : Political Science Languages : en Pages : 113
Book Description
The author argues that Israel stands on the frontlines of a new struggle over the international laws of war and exposes abuses of law that have been promulgated by international human rights lawyers, UN bodies, and intellectuals to illegitimately circumscribe the right of liberal democracies to defend themselves against transnational terrorists. The Goldstone Report, which was published by the United Nations in September 2009, and the Gaza flotilla controversy, which erupted at the end of May 2010, are examples of those abuses. This book criticizes the flawed assumptions and defective claims arising from both the Goldstone Report and the Gaza flotilla controversy, showing how the legal principles and conclusions advanced by many of Israel's critics threaten not only Israel's national security interests but the United States' as well.
Author: Michał Gierycz Publisher: Vandenhoeck & Ruprecht ISBN: 3647302589 Category : Political Science Languages : en Pages : 307
Book Description
The current discussion on the rule of law, especially in the EU, seems to be developing because the terms that express the idea of the rule of law in different European languages do not convey the same content. The rule of law, der Rechtsstaat, l'état de droit, to name just three language versions, were coined in different historical contexts and within different traditions of political thought. The question then becomes, to what extent is diversity in the understanding of the rule of law still legitimate today? The answer is sought in the book we have edited, whose authors are academically recognized individuals representing these different traditions of legal and political thinking. The publication is divided into three parts. The first part explains the concept of the rule of law and outlines the development of the idea of the rule of law. The analyses presented also address the issue of legal positivism seen as a minimization of the idea of the rule of law. In addition, this part includes articles on the problem of the rule of law from the perspective of Catholic social thought, as well as a consideration of the transformation of the legal concept of the rule of law into a kind of political fetish. Part two is devoted to various European traditions of understanding the rule of law. In this part of the book, the reader will find articles on approaches to the issue of the rule of law from the Anglo-Saxon, French, German, and Polish perspectives. The third part of the book deals with the issue of the rule of law from the perspective of the European Union. It is about the mechanisms of control of the rule of law in the Member States and the possibility of applying this concept to the EU.
Author: Spyridon Flogaitis Publisher: Hart Publishing ISBN: 9781849466448 Category : Law Languages : en Pages : 122
Book Description
Most books about public power and the state deal with their subject from the point of view of legal theory, sociology or political science. This book, without claiming to deliver a comprehensive theory of law and state, aims to inform by offering a fresh reading of history and institutions, particularly as they have developed in continental Europe and European political and legal science. Drawing on a remarkably wide range of sources from both Western and Eastern Europe, the author suggests that only by knowing the history of the state, and state administration since the twelfth century, can we begin to comprehend the continuing importance of the state and public powers in modern Europe. In an era of globalization, when the importance of international law and institutions frequently lead to the claim that the state either no longer exists or no longer matters, the truth is in fact more complex. We now live in an era where the balance is shifting away from the struggle to build states based on democratic values, towards fundamental values existing above and beyond the borders of nations and states, under the watchful gaze of judges bound by the rule of law.
Author: Herman Schwartz Publisher: University of Chicago Press ISBN: 9780226741963 Category : History Languages : en Pages : 380
Book Description
In the former Eastern Bloc countries, one of the most difficult and important aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law. Herman Schwartz's wide-ranging book, backed with rich historical detail and a massive array of research, is the first to chronicle and analyze the rise and troubles of constitutional courts in this changing region. "Those who are interested in understanding the behavior of constitutional courts in transitional regimes cannot afford to ignore this important book. . . . [It] is fecund with hypotheses of interest to political scientists, and we are indebted to Professor Schwartz for his comprehensive analysis."—James L. Gibson, Law and Politics Book Review
Author: Christian Joerges Publisher: Bloomsbury Publishing ISBN: 1847311679 Category : Law Languages : en Pages : 440
Book Description
The legal scholarship of the National Socialist and Fascist period of the 20th century and its subsequent reverberation throughout European law and legal tradition has recently become the focus of intense scholarly discussion. This volume presents theoretical,historical and legal inquiries into the legacy of National Socialism and Fascism written by a group of the leading scholars in this field. Their essays are wide-ranging, covering the reception of National Socialist and Fascist ideologies into legal scholarship; contemporary perceptions of Nazi Law in the Anglo-American world; parallels and differences among authoritarian regimes in the Third Reich, Austria, Italy, Spain, and Vichy-France; how formerly authoritarian countries have dealt with their legal antecedents; continuities and discontinuities in legal thought in private law, public law, labour law, international and European law; and the legal profession's endogenous obedience and the pains of Vergangenheitsbewältigung. The majority of the contributions were first presented at a conference at the EUI in the autumn of 2000, the others in subsequent series of seminars.
Author: R. C. Caenegem Publisher: ISBN: 9780521809382 Category : History Languages : en Pages : 175
Book Description
As Europe moves towards economic and political unification, many wonder why legal unification occurs so slowly. R. C. Van Caenegem considers the historical reasons behind this diversity, stressing the adoption of the classical law of the Romans and the influence of the rise of the nation states. The impact of politics on legal development is another key factor: a detailed account of how the German past was extolled in Nazi Germany is given. The book concludes with a consideration of the ongoing debate on the desirability of European legal unification.
Author: Ferran Requejo Publisher: Routledge ISBN: 1317637267 Category : Political Science Languages : en Pages : 313
Book Description
In contrast with the progressive dilution of religions predicted by traditional liberal and Marxist approaches, religions remain important for many people, even in Europe, the most secularised continent. In the context of increasingly culturally diverse societies, this calls for a reinterpretation of the secular legacy of the Enlightenment and also for an updating of democratic institutions. This book focuses on a central question: are the classical secularist arrangements well equipped to tackle the challenge of fast-growing religious pluralism? Or should we move to new post-secular arrangements when dealing with pluralism in Europe? Offering an interdisciplinary approach that combines political theory and legal analysis, the authors tackle two interrelated facets of this controversial question. They begin by exploring the theoretical perspective, asking what post-secularism is and looking at its relation to secularism. The practical consequences of this debate are then examined, focusing on case-law through four empirical case studies. This book will be of interest to students and scholars of political theory, philosophy, religion and politics, European law, human rights, legal theory and socio-legal studies.
Author: Aldo Sandulli
Author: Aldo Sandulli
Author: Peter Berkowitz
Author: Michał Gierycz
Author: Spyridon Flogaitis
Author: Milo Milton Quaife
Author: Herman Schwartz
Author: Christian Joerges
Author: Will A. Irwin
Author: R. C. Caenegem
Author: Ferran Requejo