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Jurisprudence is the philosophy and theory of law. It is concerned primarily with both what the law is and what it ought to be. That includes questions of how persons and social relations are understood in legal terms, and of the values in and of law. Work that is counted as jurisprudence is mostly philosophical, but it includes work that also belongs to other disciplines, such as sociology, history, politics and economics.
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology.
Führer is a German word meaning "leader" or "guide". As a political title, it is strongly associated with Adolf Hitler, the dictator of Nazi Germany from 1933 to 1945. Hitler officially styled himself der Führer und Reichskanzler after the death of President Paul von Hindenburg in 1934 and the subsequent merging of the offices of Reichspräsident and Reichskanzler.
Legal positivism is a school of thought of philosophy of law and jurisprudence which holds that law is constructed from social facts, without regards to the merits of such law. It was developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. Some of the most prominent legal positivist writers of the 20th century have been Hans Kelsen, H. L. A. Hart, and Joseph Raz.
Giorgio Agamben is an Italian philosopher best known for his work investigating the concepts of the state of exception, form-of-life and homo sacer. The concept of biopolitics informs many of his writings.
Carl Schmitt was a German jurist, political theorist, geopolitician and prominent member of the Nazi Party.
In the political history of Germany, the Führerprinzip was the basis of executive authority in the Government of Nazi Germany (1933–1945), which meant that the word of the Führer is above all written law, and that government policies, decisions, and offices all work towards the realisation of the will of the Führer. In practise, the Führerprinzip was the dictatorship of the leader to dictate the ideology and policies of a political party; therefore, such a personal dictatorship is a basic characteristic of fascism.
In political science, legitimacy is the right and acceptance of an authority, usually a governing law or a regime. Whereas authority denotes a specific position in an established government, the term legitimacy denotes a system of government—wherein government denotes "sphere of influence". An authority viewed as legitimate often has the right and justification to exercise power. Political legitimacy is considered a basic condition for governing, without which a government will suffer legislative deadlock(s) and collapse. In political systems where this is not the case, unpopular regimes survive because they are considered legitimate by a small, influential elite. In Chinese political philosophy, since the historical period of the Zhou dynasty, the political legitimacy of a ruler and government was derived from the Mandate of Heaven, and unjust rulers who lost said mandate therefore lost the right to rule the people.
The Conservative Revolution, also known as the German neoconservative movement, or new nationalism, was a German national-conservative movement prominent during the Weimar Republic and Austria, in the years 1918–1933.
Friedrich Julius Stahl, German constitutional lawyer, political philosopher and politician.
Characterisation, or characterization, in conflict of laws, is the second stage of the procedure to resolve a lawsuit that involves foreign law. The process is described in English law as Characterisation, or classification within the English judgments of the European Court of Justice. It is alternatively known as qualification in French law.
Rechtsstaat is a doctrine in continental European legal thinking, originating in German jurisprudence. It can be translated into English as "rule of law", alternatively "legal state", state of law, "state of justice", or "state based on justice and integrity". It means that everyone is subjected to the law, especially governments.
The Supreme Court of the Netherlands, officially the High Council of the Netherlands, is the final court of appeal in civil, criminal and tax cases in the Netherlands, including Curaçao, Sint Maarten and Aruba. The Court was established on 1 October 1838 and is located in The Hague.
The Concept of the Political is a 1932 book by the German philosopher and jurist Carl Schmitt, in which the author examines the fundamental nature of the "political" and its place in the modern world.
Ernst Forsthoff was a German scholar of constitutional law and a leading theorist of administrative law.
Otto Kirchheimer was a German jurist of Jewish ancestry and political scientist of the Frankfurt School whose work essentially covered the state and its constitution.
Vittorio Hösle is an Italian-born German philosopher. He has authored works including Hegels System (1987), Moral und Politik, and Der philosophische Dialog (2006).
Ernst Rudolf Huber was a German jurist, noted as a constitutional historian and for his attempts to provide a legal underpinning for the Nazi regime.
A legal norm is a binding rule or principle, or norm, that organisations of sovereign power promulgate and enforce in order to regulate social relations. Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time. Competent state authorities issue and publish basic aspects of legal norms through a collection of laws that individuals under that government must abide by, which is further guaranteed by state coercion. There are two categories of legal norms: normativity, which regulates the conduct of people, and generality, which is binding on an indefinite number of people and cases. Diplomatic and legislative immunity refers to instances where legal norms are constructed to be targeted towards a minority and are specifically only binding on them, such as soldiers and public officials.
Hugo Krabbe was a Dutch legal philosopher and writer on public law. Known for his contributions to the theory of sovereignty and the state, he is regarded as a precursor of Hans Kelsen. Also Krabbe identified the state with the law and argued that state law and international law are parts of a single normative system, but contrary to Kelsen he conceived the identity between state and law as the outcome of an evolutionary process. Krabbe maintained that the binding force of the law is founded on the "legal consciousness" of mankind: a normative feeling inherent to human psychology. His work is expressive of the progressive and cosmopolitan ideals of interwar internationalism, and his notion of "sovereignty of law" stirred up much controversy in the legal scholarship of the time.
References
- Carl Schmitt: Gesetz und Urteil, 2nd edition, München 1969.
- Carl Schmitt: Politische Theologie: Vier Kapitel zur Lehre von der Souveränität, München 1922.
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