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Militant Democracy
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
L'Office du juge
Quel statut théorique allouer au pouvoir de juger au regard du pouvoir étatique ? Comment définir la nature et la forme des liens susceptibles de les articuler l'un à l'autre ? Telles sont les questions auxquelles tentent de répondre ici historiens et philosophes du droit. A l'origine de cette réflexion collective, il y a la diversité des réactions que suscitent les mutations actuelles qui marquent le rôle des juges. Au vu de la forme souvent " nationale " que revêtent ces différences, interroger l'histoire a semblé nécessaire, et c'est à celle de l'Etat français qu'ont été empruntées les formules permettant de caractériser deux des principaux modèles à partir desquels d...
Rule of Law in Crisis
This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, me...
The 'Militant Democracy' Principle in Modern Democracies
This collection provides an up-to-date analysis of key country approaches to Militant Democracy. Featuring contributions from some of the key people working in this area, including Mark Tushnet and Helen Irving, each chapter presents a stocktaking of the legal measures to protect the democracy against its enemies within. In addition to providing a description of the country's view of Militant Democracy and the current situation, it also examines the legal and political provisions to defend the democratic structure against attacks. The discussion also presents proposals for the development of the Militant Democracy principle or its alternatives in policy and legal practice. In the final chapter the editor compares the different arrangements and formulates a minimum consensus as to what measures are indispensable to protect a democracy. Highly topical, this book is a valuable resource for students, academics and policy-makers concerned with democratic principles.
Approaches to Legal Rationality
Legal theory, political sciences, sociology, philosophy, logic, artificial intelligence: there are many approaches to legal argumentation. Each of them provides specific insights into highly complex phenomena. Different disciplines, but also different traditions in disciplines (e.g. analytical and continental traditions in philosophy) find here a rare occasion to meet. The present book contains contributions, both historical and thematic, from leading researchers in several of the most important approaches to legal rationality. One of the main issues is the relation between logic and law: the way logic is actually used in law, but also the way logic can make law explicit. An outstanding group of philosophers, logicians and jurists try to meet this issue. The book is more than a collection of papers. However different their respective conceptual tools may be, the authors share a common conception: legal argumentation is a specific argumentation context.
Genocide Denials and the Law
In Genocide Denials and the Law, Ludovic Hennebel and Thomas Hochmann offer a thorough study of the relationship between law and genocide denial from the perspectives of specialists from six countries. This controversial topic provokes strong international reactions involving emotion caused by denial along with concerns about freedom of speech. The authors offer an in-depth study of the various legal issues raised by the denial of crimes against humanity, presenting arguments both in favor of and in opposition to prohibition of this expression. They do not adopt a pro or contra position, but include chapters written by proponents and opponents of a legal prohibition on genocide denial. Henne...
The Ethical Foundations of Postmodernity
A (re-)turn to ethics, which began in the 1980s and 1990s and is still predominant today, has been ascribed to literary studies and theory. In this book theoretical issues within ethics are discussed based on the examples of literary analyses. The authors examined are Margaret Atwood, Jeffrey Eugenides, and Robert M. Pirsig. The main questions concern the foundation on which ethical concepts are based, and the way in which such concepts function. These topics are evidently connected to matters of human concepts and human nature in general, which are understood to be fundamentally communicative. Contrary to popular conclusions of relativity, the need for a realist foundation of ethics - imply...
WITTGENSTEIN IN VIENNA.
"Wittgenstein in Vienna" documents Wittgenstein's life in the city: the places he, his family and those with whom he was in contact, lived, worked, entertained and socialized. The book will be a source of enrichment to the cultural tourist in Vienna. Its authors are authorities on Wittgenstein's philosophy especially in relation to Viennese culture and popular culture, in particular the world of the coffee house and cabaret.
Franz Brentano and Austrian Philosophy
The book discusses Franz Brentano’s impact on Austrian philosophy. It contains both a critical reassessment of Brentano’s place in the development of Austrian philosophy at the turn of the 20th century and a reevaluation of the impact and significance of his philosophy of mind or ‘descriptive psychology’ which was Brentano's most important contribution to contemporary philosophy and to the philosophy in Vienna. In addition, the relation between Brentano, phenomenology, and the Vienna Circle is investigated, together with a related documentation of Brentano's disciple Alfred Kastil (in German). The general part deals with the ongoing discussion of Carnap's "Aufbau" (Vienna Circle Lecture by Alan Chalmers) and the philosophy of mind, with a focus on physicalism as discussed by Carnap and Wittgenstein (Gergely Ambrus). As usual, two reviews of recent publications in the philosophy of mathematics (Paolo Mancosu) and research on Otto Neurath's lifework (Jordi Cat/Adam Tuboly) are included as related research contributions. This book is of interest to students, historians, and philosophers dealing with the history of Austrian and German philosophy in the 19th and 20th century.
Freedom of Speech
This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) ...
