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The Concept of the Rule of Law and the European Court of Human Rights
1: Introduction 2: The Rule of Law Concept 3: Legality as a Concept in the Case Law 4: Judicial Safeguards 5: The Substantive Contents of Law 6: Democracy 7: Conclusion.
Lex Charitatis
This substantial work by one of Europe's most respected twentieth-century legal minds unpacks Luther's doctrine of law, showing how it derived from his central theological concern, justification by faith. "When Johannes Heckel's Lex Charitatis appeared more than half a century ago, it brought new clarity to the much-disputed issue of Luther's understanding of the law and of God's governance of his created order. The Wittenberg reformer's use of the language of 'two kingdoms' and 'two governances' is still fiercely debated; having Heckel's work in English will assist scholars and students alike in putting Luther's insights to use in the context of twenty-first-century problems." -- Robert Kolb, Concordia Seminary
International Law in Financial Regulation and Monetary Affairs
Analysing the emerging international legal framework governing financial institutions and markets, including monetary policies and monetary regulation, this book addresses the cross border issues that arise within this area. It highlights the lack of formal international law present, and shows how this contributed to the global financial crisis.
Reordering Marriage and Society in Reformation Germany
This book examines the impact of the Reformation on the ideal and practice of marriage in sixteenth-century Germany.
Sentencing and Sanctions in Western Countries
11. The Project of Sentencing Reform
Human Rights Without Democracy?
Do Human Rights truly serve the people? Should citizens themselves decide democratically of what those rights consist? Or is it a decision for experts and the courts? Gret Haller argues that Human Rights must be established democratically. Drawing on the works of political philosophers from John Locke to Immanuel Kant, she explains why, from a philosophical point of view, liberty and equality need not be mutually exclusive. She outlines the history of the concept of Human Rights, shedding light on the historical development of factual rights, and compares how Human Rights are understood in the United States in contrast to Great Britain and Continental Europe, uncovering vast differences. The end of the Cold War presented a challenge to reexamine equality as being constitutive of freedom, yet the West has not seized this opportunity and instead allows so-called experts to define Human Rights based on individual cases. Ultimately, the highest courts revise political decisions and thereby discourage participation in the democratic shaping of political will.
The Judge and the Proportionate Use of Discretion
This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonablene...
From Sacrament to Contract
This newly revised and enlarged edition of John Witte's authoritative historical study explores the interplay of law, theology, and marriage in the Western tradition. Witte uncovers the core beliefs that formed the theological genetic code of Western marriage and family law. He explores the systematic models of marriage developed by Catholics, Lutherans, Calvinists, Anglicans, and Enlightenment thinkers, and the transformative influence of each model on Western marriage law. In addition, he traces the millennium-long reduction of marriage from a complex spiritual, social, contractual, and natural institution into a simple private contract with freedom of entrance, exercise, and exit for husband and wife alike. This second edition updates and expands each chapter and the bibliography. It also includes three new chapters on classical, biblical, and patristic sources.
Violence and Legitimacy
Benjamin Constant distinguished two kinds of government: unlawful government based on violence, and legitimate government based on the general will. In Europe monarchy was for over a thousand years considered the natural form of legitimate government. The sources of its legitimacy were the dynastic principle, religion, and the ability to protect against foreign aggression. At the end of the eighteenth century the revolutions in America and France called into question the traditional legitimacy of monarchy, but Volker Sellin shows that in response to this challenge monarchy opened up new sources of legitimacy by concluding alliances with constitutionalism, nationalism, and social reform. In some cases the age of revolution brought on a new type of leader, basing his claim to power on charisma.
