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Law | From Rechtsstaat to Universal Law-State - An Essay in Philosophical Jurisprudence

From Rechtsstaat to Universal Law-State

An Essay in Philosophical Jurisprudence

Series: Law and Philosophy Library, Vol. 109

Frändberg, Åke

2014, XI, 190 p. 2 illus.

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  • The only contemporary book that comprehensively deals with the law-state idea
  • Develops a lawyers´philosophy of law, combining philosophical analysis and practical considerations
  • Provides a universal "Rechtsstaat" concept for our time

In this book the author investigates what is common to the German idea of the Rechtsstaat and the Anglo-American idea of the Rule of Law. He argues that, although dressed up in rather different garb, these two concepts are in fact based on the same fundamental idea and stand for the same values (“the law-state values”) – all ideas that are in the European tradition older than their British and German variants. The fundamental idea is that the individual shall enjoy legal protection against infringements brought about by the exercise of power on the part of the state. In the book basic concepts such as legality, legal equality, legal certainty, legal accessibility and legal security are investigated. Also explored are their mutual relations, in particular, conflicts between them. Furthermore, the book offers practical advice on realising and sustaining these values in practice. Finally, it is argued that the characteristic law-state values can only be justified by reference to an even more fundamental humanistic idea, namely,  what the author calls “a life of human dignity”.   

Content Level » Research

Keywords » Basic law-state values - Clarification of the Law-State - Compliance with the law - Democracy, judicial review and the idea of power restriction - Direct and indirect legal discrimination - Discrimination in disguise - Equality before the law - Four basic law-state values - Legal Certainty - Legal Orders - Legal protection and the law-state paradox - Legal subordination - Legality and Legal Subordination - Life of human dignity - Limits of legalism - Procedural legal equality - The law-state - The technique of legality - What is legality

Related subjects » Law - Political Science - Value Theory

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