From Rechtsstaat to Universal Law-State An Essay in Philosophical Jurisprudence

by Ake Frandberg

Part of the Law and Philosophy Library Series

From Rechtsstaat to Universal Law-State An Essay in Philosophical Jurisprudence Synopsis

In this book the author investigates what is common to the German idea of the Rechtsstaat and the Anglo-American idea of the Rule of Law. He argues that, although dressed up in rather different garb, these two concepts are in fact based on the same fundamental idea and stand for the same values ( the law-state values ) - all ideas that are in the European tradition older than their British and German variants. The fundamental idea is that the individual shall enjoy legal protection against infringements brought about by the exercise of power on the part of the state. In the book basic concepts such as legality, legal equality, legal certainty, legal accessibility and legal security are investigated. Also explored are their mutual relations, in particular, conflicts between them. Furthermore, the book offers practical advice on realising and sustaining these values in practice. Finally, it is argued that the characteristic law-state values can only be justified by reference to an even more fundamental humanistic idea, namely, what the author calls a life of human dignity .

Book Information

ISBN: 9783319380278
Publication date: 17th September 2016
Author: Ake Frandberg
Publisher: Springer International Publishing AG
Format: Paperback
Pagination: 190 pages
Categories: Jurisprudence & philosophy of law, Political science & theory,

About Ake Frandberg

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