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

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

  • 作者:
  • 出版商: Springer-Verlag
  • ISBN: 9783319055848
  • 规格: Hardback
  • 适应领域: Switzerland ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,624.32
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  • 描述 
  • 大纲 
  • 详细

    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.

  • Special Thank You
    Acknowledgements
    Introduction
    James R. Silkenat, James E. Hickey, Jr. and Peter Barenboim
    Part One - General Perspectives On Rule Of Law And The Legal State
    Chapter 1. What is the Rule of Law and why is it so important
    Mortimer Sellers
    Chapter 2. On the Foundations of the Rule of Law and the Principle of the Legal State/Rechtsstaat
    Dietmar von der Pfordten
    Chapter 3. Philosophical Foundations of the Principle of the Legal State (Rechtsstaat) and the Rule of Law
    Stephan Kirste
    Chapter 4. Rule of Law (and Rechtsstaat)
    Martin Krygier
    Chapter 5. The Rule of Law and Legal State Doctrines as a Methodology of the Philosophy of Law
    Demitriy Dedov
    Chapter 6. Applying the Rule of Law to Contexts Beyond the State
    Matthias Kotter and Gunnar Folke Schuppert
    Chapter 7. The Rule of Law as a Global Norm for Constitutionalism
    Francois Venter
    Chapter 8. The Ill-fated Union: Constitutional Entrenchment of Rights and the Will Theory from Rousseau to Waldron
    Aniceto Masferrer and Anna Taitslin
    Chapter 9. The Measure of Law: The Non-instrumental Legal Side from the State to the Global Setting (and from Hamdan to Al Jedda)
    Gianluigi Palombella
    Chapter 10. Rule of Law, Legal State and Other International Legal Doctrines: Linguistic Aspects of their Convergence and Differentiation
    Yuri A. Sharandin and Dmitry V. Kravchenko
    Part Two - Specific Perspectives on the Rule of Law and the Legal State
    Chapter 11. Freedom, Equality, Legality
    T R S Allan
    Chapter 12. The Rechtsstaat-Principle in Germany: The Development from the Beginning Until Now
    Paul Tiedemann
    Chapter 13. The German Rechtsstaat in a Comparative Perspective
    Rainer Grote
    Chapter 14. The Russian Judicial Doctrine of the Rule of Law: Twenty Years After
    --Gadis Gadzhiyev
    Chapter 15. The Law is a Causeway: Metaphor and the Rule of Law in Russia
    Jeffrey Kahn
    Chapter 16. American Constitutional Analysis and a Substantive Understanding of the Rule of Law
    Robin Charlow
    Chapter 17. Building a Government of Laws: Adams and Jefferson 1776-1779
    James Maxeiner
    Chapter 18. Rule of Law v. Legal State: Where Have We Come from, Where are We Going To?
    Nadia E. Nedzel
    Chapter 19. The Rule of Law in the Middle East
    Hossein Esmaeili
    Chapter20. Waiting for the Rule of Law in Brazil: A Meta-Legal Analysis of the Insufficient Realization of the Rule of Law in Brazil
    Augusto Zimmerman
    Chapter 21. The Rule of Law and the United Nations
    Edric Selous
    Giovanni Bassu
    Editors
    Contributors.

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