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The Legitimacy of Truth
This volume contains the Proceedings of the Third meeting Italian/American Philosophy that took place in Rome in June 5-10, 2001. What is "Truth" in Analytic Philosophy after the linguistic turn? What can we say about "Truth" in Hermeneutics, after taking into account the so-called hermeneutical circle? According to Nietzsche: "Truth is that form of error without which human beings could not live." From this definition it follows: "The point is not the rightness of theory but its importance for human existence." Could we say the same from an epistemological point of view? Who (or what) could be the neutral arbiter among different conceptual schemes? Can an interpretative paradigm stand in as a substitute for traditional objectivity? The controversial problem of "Truth," however, must be discussed within the various fields of philosophy: Aesthetics, Logic, Epistemology, Ethics and Politics. In view of this, Hermeneutics and Analytic Philosophy converged to create the body of this meetin
The Transformation of Administrative Law in Europe
"This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.
Academic Freedom in the European Context
This book explores the concept of academic freedom from a European vantage point. Drawing on both philosophical and legal perspectives, the editors and contributors analyse the concept of academic freedom within the present institutional setting. Academic freedom has long been considered a natural part of higher education, but as the world enters the digital age, a renewed understanding of its role and the threats it must face is required. The authors question the purpose of science without freedom, and subsequently the purpose of political communities without free science. Although the book uses European case studies to answer these questions, it undoubtedly has global relevance: what would be left of the present notion of the ‘global world’ were we to conceive of its character without modern science? This book calls for a critical re-examination of the academic community and its own understanding of the sources, conditions and aims of scientific practice.
Living with the Land
For a long time agriculture and rural life were dismissed by many contemporaries as irrelevant or old-fashioned. Contrasted with cities as centers of intellectual debate and political decision-making, the countryside seemed to be becoming increasingly irrelevant. Today, politicians in many European countries are starting to understand that the neglect of the countryside has created grave problems. Similarly, historians are remembering that European history in the twentieth century was strongly influenced by problems connected to the production of food, access to natural resources, land rights, and the political representation and activism of rural populations. Hence, the handbook offers an o...
Fixing the Euro Within the National Constitutional Guardrails
EU fiscal integration is indispensable to establishing a stable single currency in the long run. However, this integration is proving ever more difficult in light of increasing national constitutional opposition. The author of this groundbreaking book shows that this dilemma between EU fiscal integration and national constitutional limits can be refuted. He provides a structured, comparative overview and outlook on how the available national constitutional space can be adapted to the political aspirations aiming at implementing EU fiscal integration steps while at the same time effectively protecting the national constitutional values at stake. Beginning with a macro-comparative assessment o...
Humanity across International Law and Biolaw
An examination of how the concept of humanity is mobilized to make legal arguments in different areas of law.
From Liberal Democracy to Fascism
The Weimar Republic – from 1919 until 1933, when Hitler came into power – witnessed crucial debates on law and politics. These debates are reexamined in this book. Were, for example, democratic rules and procedures an adequate basis for democracy, as Hugo Preuss and Hans Kelsen suggested? Or should constitutional law elaborate the deeper, basic principles embedded in the democratic constitution itself, as Hermann Heller argued? Was the president the immediate “guardian of the constitution”, as Carl Schmitt’s concept of “representation” suggested? Or was Schmitt’s concept itself subject to Walter Benjamin’s critique of the aura of authenticity? These, and other typical Weimar-era debates helped shape West German constitutionalism. The former labor lawyer on the left Ernst Fraenkel, for example, began to develop a general theory of dictatorship mass democracy while in exile, which influenced the new discipline of political science after the war. Similarly, Gerhard Leibholz, an anti-positivist lawyer in Weimar, served on the first Constitutional Court of the Federal Republic of Germany, helping to consolidate its new constitutional culture.
Public Administration and Expertise in Democratic Governments
This collection deals with challenges confronting public law and public administration in twenty-first century democracies across the world. It draws together contributions from leading scholars, examining cutting-edge topics, and projecting the scholarship forward. It emphasizes the importance both of justifying executive policymaking to citizens and of drawing on bureaucratic expertise and professional competence. Contributors examine the role of courts and argue for new forms of public participation that can incorporate democratic values into executive-branch policymaking. Finally, the work confronts problems in the administration of the criminal law that are generating increased public concern. Building on Rose-Ackerman’s scholarship, writers compare the American experience with contemporary developments in other leading democracies – in particular, Germany, France, the EU, Canada, and Latin America. The work will be an invaluable resource for academics, researchers and policymakers working in the areas of Administrative Law, Public Law, and Political Science.
Public Private Partnerships
This insightful book critically examines the phenomenon of public private partnerships through a global, theoretical, lens. It considers the reasons for merging private entities and public administration, as well as the processes and consequences of doing so. The benefits for the community as well as the radical changes in the principles and modalities of administrative activity are theorized and discussed.
Proportionality and Judicial Activism
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
