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This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.
James Herget explains to American legal scholars and students the main points of the characteristic legal philosophy that has developed in the German-speaking world since World War II. After a historical introduction and overview, he discusses critical rationalism, discourse theory, rhetorical theory, systems theory, and institutional legal positivism. He concludes with a general assessment and appends biographical information. Written for American legal scholars and students, who traditionally are exposed only to filtered versions of comparative legal traditions, this volume introduces a new world of legal theory that resonates within the context of other contemporary disciplines and German intellectual history.
Based on survey data from users who are members in user groups of the management software firm Computer Associates, Celine Schulz examines how groups of users can be organised and leveraged by firms for their innovation processes.
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
The new and revised 6th edition of this comprehensive book explores the concept of Strategy Design as an innovative approach to Strategic Management. After an overview of the framework conditions under which strategies and business models are developed today, the authors describe in detail the approach and the ongoing process of Strategy Design Innovation. The focus is on the Strategy Design Toolbox, which covers the necessary instruments for analysis and forecasting, strategy formulation, realization, and control. Divided into seven perspectives, the toolbox provides relevant questions that need to be answered. Many examples and real-life applications give inspiration and generate a fundamental understanding. Strategy Design Innovation is a modern and market-driven book with a variety of tools, case studies, templates, and practical online resources. It is developed for the challenges of managers, strategists, entrepreneurs, business developers and students with the need for creating a strategic mindset and strategic capabilities.
This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court ́s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light o...