摘要:

Abstract.The author analyses the concept of legal security from its historical evolution to its main structural aspects. In the first part he argues that legal security is a historical and cultural concept of the modern world. He considers a series of factors which lead from the general concept of security generated by an ideological monism and the social rigidity characterizing the Middle Ages to the concept of legal security protected by the legal monism of the modern state, where legal security, understood as formal or procedural justice, has become a principle inspiring the entire legal system. Then he considers legal security in the social state as the expression of the relationship between man and his social needs. In the second part the author makes a structural analysis of the concept of legal security in a modern legal order, identifying the different spheres in which it can be found: state,—focusing on procedural guarantees as limits to power—, law—considering the internal functioning of the legal system—, society—stressing the effects of the action of the social state on the idea of legal

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1995.tb00205.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY

摘要:

Abstract.Moral and theoretical deficiencies of the main foundation strategies in social and political systems (Social Engineering, Foundationalism and Invisible Hand theories) are explained by the necessity of a synthesis of different kinds of rationality, i.e., goal‐rationality, norm‐rationality and rightness and weighing rationality. The anthropological basis of the theory is a distinction betweenhomo finalisandhomo socialis. At the institutional level, this conception leads to a synthesis of the rule of law and the welfare state. At the political level, this implies a retonsideration of the principles of democracy and political plann

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1995.tb00206.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY

摘要:

Abstract.The first section takes up some main details of American constitutional history. At the end of that section and in section two, we concentrate on one constitutional doctrine in particular, judicial review. We argue that this doctrine rests, traditionally, on the foundational idea of a permanent tension between democratic institutions and basic rights. In section three, we deal with the problem just raised, by suggesting an alternative view of the relationship that exists between these fundamental constitutional elements. Here we attempt to show that there is an essential principled harmony between basic constitutional rights and democratic majority rule. And we try to locate judicial review within this alternative conception. Then in section four and in the conclusion we discuss the institutional arrangements for the practice of judicial review in the light of this alternative conception.

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1995.tb00207.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY

摘要:

Abstract.In the history of liberal theories of property, the predominant model deduces a right to highly unequal amounts of property from a premise that the person is primarily independent and self‐determined. But modem social theory, communitarianism and critical legal theory have generated strong support for an alternative premise of social self‐determination of the person. These theories have not, however, adequately explored the logical implications of social personality for the justifiable degree of equality of income under property right. This study reasons a right to some significant equalization of income from a premise that the individual is socially self‐determined. The supporting argument develops a different concept of social personality than found in prevailing social and communitarian theories. With regard to property, it is particularly important to conceptualize the formation of the individual by and within the system of economic relations. The personological premises are also developed differently from Marx's analysis, which overemphasizes the production side of the economy. The present analysis examines the individual in the consumption side as well. But in contrast to the subjective‐individualist conception of the consumer in neoclassical economic theory, we will utilize a conception of socially self‐determined consumer wants and self‐seeking. This social‐personological premise proves to have strong egalitarian implications for the distribution of income under pr

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1995.tb00208.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1995.tb00209.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1995.tb00210.x

出版商:Blackwell Publishing Ltd    

年代:1995

数据来源: WILEY