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Justice over the Course of Life
In this interdisciplinary book, experts from philosophy, medicine, law, psychology, economics, and social sciences address questions and develop solutions for a well-designed society of long life. Young as well as old people have to actively shape more and more of their life span. At the same time, aging becomes more multifaceted: the individual view on one’s own life course is changing, and the needs and demands for a fulfilled life are diversifying. The implications affect all spheres of life – from education and workplace to health care and the culture of interaction. They require content-related and structural adjustments for a diverse society of longevity in which multiple generations live alongside each other. But how can change be managed responsibly, how can individual and collective responsibility be distributed appropriately, and how can a sustainable and fair social future be ensured?
The Constitutional Jurisprudence of the Federal Republic of Germany
First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicia...
Popular Sovereignty and the Crisis of German Constitutional Law
A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).
Freedom of Speech and Incitement against Democracy
Whilst the protection of political speech is essential to the preservation of a democratic legal order, events of political violence and assassinations highlight the need to rethink questions relating to the boundaries of free speech in a democratic society. To what extent should democratic countries committed to freedom of speech limit those forms of extreme speech that may be considered as incitements to violence? This is a question that has long divided academics and activists alike. It has become even more relevant today, with the recent rise of extreme right-wing parties in various European democracies. In this book, leading scholars of constitutional law, human rights and criminal law, from various countries with divergent philosophies on freedom of speech, address the question of whether we can, and should, regulate speech in order to protect democracy and, if so, how.
Coming of Age
In the lean and anxious years following World War II, Munich society became obsessed with the moral condition of its youth. Initially born of the economic and social disruption of the war years, a preoccupation with juvenile delinquency progressed into a full-blown panic over the hypothetical threat that young men and women posed to postwar stability. As Martin Kalb shows in this fascinating study, constructs like the rowdy young boy and the sexually deviant girl served as proxies for the diffuse fears of adult society, while allowing authorities ranging from local institutions to the U.S. military government to strengthen forms of social control.
Foundations of Public Law
Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, ...
Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond
Addresses challenges to the implementation of international human rights law from institutional, normative and practical perspectives.
Denken in Netzwerken
Ino Augsberg, Tobias Gostomzyk und Lars Viellechner führen in Karl-Heinz Ladeurs Rechts- und Gesellschaftstheorie ein. Diese fragt im Anschluss an Luhmanns Systemtheorie, wie das Recht die aus einer fragmentierten und pluralisierten Umwelt resultierende Unsicherheit verarbeiten kann. Dabei rekonstruiert sie nach Maßgabe eines 'Vorrangs der Differenz vor der Identität' nicht ein einheitliches Fundament der Gesellschaft, sondern entwickelt Kollisionsregeln, die Konflikte lösen, ohne Unterschiede zu beseitigen. Aus dieser Theorie folgt die Forderung einer Grund- und Medienrechtsdogmatik, welche die Eigenrationalitäten der verschiedenen Sozialbereiche bei der juristischen Problembearbeitung stärker beachtet. Zugleich eröffnet die Theorie mit dem Modell eines heterarchischen 'Netzwerks von Netzwerken' unterschiedlicher privater Beziehungen und öffentlicher Institutionen eine neue Perspektive in der Globalisierungsdiskussion.
Staatsbürgerversicherung und Verfassung
English summary: Since the decision made by the German Federal Constitution Court in 1980, every fundamental pension reform in Germany has to be based on the protection of the property of those expecting a pension. Anne Lenze examines the possibility of a citizens' insurance, already in existence in Switzerland, and attempts to establish the lawmaker's maximum leeway for the protection of property. The current debates surrounding fairness between the generations, equality of both sexes and the overcoming of mass unemployment have resulted in a demand for equal treatment. The author examines these demands for equality before the law, demands which are being made on a modern old age pension sc...
