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Foundations Of Public Law

Author: Martin Loughlin
Publisher: OUP Oxford
ISBN: 0191648175
Size: 73.62 MB
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Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries-extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith and Hegel-it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Professor Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity and resilience.

Christliche Ethik Bei Schleiermacher Christian Ethics According To Schleiermacher

Author: Hermann Peiter
Publisher: Wipf and Stock Publishers
ISBN: 149827319X
Size: 66.51 MB
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No one is so intimately acquainted with Schleiermacher's Christian Ethics material or with the 1821-1822 first edition of his companion volume, Christian Faith, than Hermann Peiter. The present volume is a collection of Peiter's nineteen essays and thirty reviews. Extensive English summaries are offered for all this material, and an English version for four of the essays. Professor Peiter's summary of this volume reads as follows: This book treats of praxis in the Christian life and of Christian responsibility for the world we have in common. The following, however, forms a background for these considerations. Schleiermacher reminds his Christian brethren, who often deck themselves out with alien, borrowed plumes from morals and metaphysics, of their actual theme, that of religion, which he also designates as a kind or mode of faith. Like Luther, he also turns against both the practical misconception that considers faith itself to be a good work and the theoretical misconception that faith is a product of thinking, a theory. Whether a practitioner thinks to give thanks for one's own work or whether a theoretician hopes to find final fulfillment and justification in one's range of metaphysical ideas amounts to the same thing. Faith is the courage to be (Paul Tillich). For Schleiermacher, to want to have speculation (thus, metaphysics) and praxis without religion is the nonsalutary intention of Prometheus, who faintheartedly stole what he could have expected to possess in restful security. If taken seriously, the 'gods'-to use that pagan expression for once-are that nature to which a human being belongs. Each human being is their possession. When one steals what the gods have, one steals oneself, can thank oneself for a robbery. For a gift that is stolen, one cannot possibly be thankful. Only a pure gift awakens true joy. A human being has the chance to receive the gift that one is or is not (in case it is stolen) not from a thief but from religion. Thanks to one's birth, both physical and spiritual, one gains oneself and has oneself. To steal means to take away, to depreciate. In contrast, whoever has oneself from elsewhere is no longer extracted from oneself or from the one to whom one belongs.