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The Constitutional Jurisprudence of the Federal Republic of Germany
  • Language: en
  • Pages: 902

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...

Constitutional and Political Theory
  • Language: en
  • Pages: 449

Constitutional and Political Theory

  • Categories: Law

In this comprehensive edition of Ernst-Wolfgang Böckenförde's definitive work in constitutionalism, law, and politics, readers have access to the legal discourse of one of Germany's leading contemporary theorists and former judge of the federal constitutional court, available in the English language for the first time.

Due Process and International Terrorism
  • Language: en
  • Pages: 532

Due Process and International Terrorism

  • Categories: Law
  • Type: Book
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  • Published: 2009-11-23
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  • Publisher: BRILL

Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States’ due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law’s due process guarantees and proposes courses of action which can better defend a public order of human dignity.

The Cambridge Companion to Pufendorf
  • Language: en
  • Pages: 443

The Cambridge Companion to Pufendorf

  • Categories: Law

In the same intellectual league as Grotius, Hobbes and Locke, but today less well known, Samuel Pufendorf was an early modern master of political, juridical, historical and theological thought. Trained in an erudite humanism, he brought his copious command of ancient and modern literature to bear on precisely honed arguments designed to engage directly with contemporary political and religious problems. Through his fundamental reconstruction of the discipline of natural law, Pufendorf offered a new rationale for the sovereign territorial state, providing it with non-religious foundations in order to fit it for governance of multi-religious societies and to protect his own Protestant faith. He also drew on his humanist learning to write important political histories, a significant lay theology, and vivid polemics against his many opponents. This volume makes the full scope of his thought and writing accessible to English readers for the first time.

Natural Law and the Origin of Political Economy
  • Language: en
  • Pages: 309

Natural Law and the Origin of Political Economy

Samuel Pufendorf’s work on natural law and political economy was extensive and has been cited by several important figures in the history of economic thought. Yet his name is rarely mentioned in textbooks on the history of economic thought, the history of political science or the history of philosophy. In this unprecedented study, Arild Sæther sheds new light both on Pufendorf’s own life and work, as well as his influence on his contemporaries and on later scholars. This book explores Pufendorf ’s doctrines of political economy and his work on natural law, which was translated into several major European languages. Natural Law and the Origin of Political Economy considers the influence he had on the writings on political economy of John Locke, Charles Montesquieu, Jean-Jacques Rousseau, Francis Hutcheson and Adam Smith, amongst others. If Smith can be called the father of modern economics, this book claims that Pufendorf can be called the grandfather. This volume is of great importance to those who study Pufendorf ’s extensive works, as well as those interested in history of economic thought, political economy and political philosophy.

Global Canons in an Age of Contestation
  • Language: en
  • Pages: 641

Global Canons in an Age of Contestation

  • Categories: Law

Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be...

The Cambridge Companion to Hobbes's Leviathan
  • Language: en

The Cambridge Companion to Hobbes's Leviathan

This Companion makes a new departure in Hobbes scholarship, addressing a philosopher whose impact was as great on Continental European theories of state and legal systems as it was at home. This volume is a systematic attempt to incorporate work from both the Anglophone and Continental traditions, bringing together newly commissioned work by scholars from ten different countries in a topic-by-topic sequence of essays that follows the structure of Leviathan, re-examining the relationship among Hobbes's physics, metaphysics, politics, psychology, and religion. Collectively they showcase important revisionist scholarship that re-examines both the context for Leviathan and its reception, demonstrating the degree to which Hobbes was indebted to the long tradition of European humanist thought. This Cambridge Companion shows that Hobbes's legacy was never lost and that he belongs to a tradition of reflection on political theory and governance that is still alive, both in Europe and in the diaspora.

The Polymath
  • Language: en
  • Pages: 353

The Polymath

The first history of the western polymath, from the fifteenth century to the present day From Leonardo Da Vinci to John Dee and Comenius, from George Eliot to Oliver Sacks and Susan Sontag, polymaths have moved the frontiers of knowledge in countless ways. But history can be unkind to scholars with such encyclopaedic interests. All too often these individuals are remembered for just one part of their valuable achievements. In this engaging, erudite account, renowned cultural historian Peter Burke argues for a more rounded view. Identifying 500 western polymaths, Burke explores their wide-ranging successes and shows how their rise matched a rapid growth of knowledge in the age of the invention of printing, the discovery of the New World and the Scientific Revolution. It is only more recently that the further acceleration of knowledge has led to increased specialisation and to an environment that is less supportive of wide-ranging scholars and scientists. Spanning the Renaissance to the present day, Burke changes our understanding of this remarkable intellectual species.

Justice, Judocracy and Democracy in India
  • Language: en
  • Pages: 406

Justice, Judocracy and Democracy in India

  • Categories: Law
  • Type: Book
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  • Published: 2014-03-21
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  • Publisher: Routledge

This book offers an innovative approach to studying ‘judicial activism’ in the Indian context in tracing its history and relevance since 1773. While discussing the varying roles of the judiciary, it delineates the boundaries of different organs of the State — judiciary, executive and legislature — and highlights the points where these boundaries have been breached, especially through judicial interventions in parliamentary affairs and their role in governance and policy. Including a fascinating range of sources such as legal cases, books, newspapers, periodicals, lectures, historical texts and records, the author presents the complex sides of the arguments persuasively, and contributes to new ways of understanding the functioning of the judiciary in India. This paperback edition, with a new Afterword, updates the debates around the raging questions facing the Indian judiciary. It will be of great interest to students and scholars of law, political science and history, as well as legal practitioners and the general reader.

Law, Justice and the State: Problems in law
  • Language: en
  • Pages: 206

Law, Justice and the State: Problems in law

Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993.