The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)

ebook Ius Gentium: Comparative Perspectives on Law and Justice

By James R. Silkenat

cover image of The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)

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This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.

The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)