The Philosophy of Law in Historical Perspective By Carl Joachim Friedrich
Book the philosophy of law in historical perspective of law
Who created it and acquires an independent logic of functioning This separation of law from the culture and history of the nation can be described as a conflict between the nation and the constitution The current situation of the European Union shows that the nations are being increasingly attracted from the constitutional law scholars reasoning National and cultural beliefs are perceived as a private affair of citizens The constitution is being detached not only from the nation but also from politics Society and its history find itself on one side and the constitution on the other Current situation perfectly shows how history of politics withdraws from the horizons of constitutional law scholars It seems that the state is no longer ruled by the nation but by nomos basileus The same already mentioned scholars of the European Union are creating a new constitution that refers not the very nation itself.
The philosophy of law in historical perspectivep of law
It can t stand changes Cultural changes are destroying a state than ties to the most reputable political regimes The philosophical method that created the nation state is its own destroyer It can be said that democracy destroys its own creations. Book the philosophy of law in historical perspective book The same method works both during the creation and the end of nation states The current changes in the nation state perception does not occur because it s no longer suitable for democracy English
| The Philosophy of Law in Historical Perspective By Carl Joachim Friedrich |
| 0226264661 |
| 9780226264660 |
| English |
| 305 |
| Paperback |
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The Philosophy of Law in Historical Perspective booker
I think to have appreciated this book fully I would need to have an advanced understanding of philosophy in general and specifically the philosophy of history and law That being said it is packed with interesting thought that deserves discussion It seems as though most philosophy of law is based on the autonomy of man Seeing the wide variation of legal systems from authoritarianism to monarchical and parliamentary systems down to constitutional law that then come out of that basic premise is revealing This ideal man changing through history and culture leaves no standard by which man can be judged The back door that must then be left open is an appeal to natural law which in a pervasive Kantian system can be argued as an organic law left for interpretation. The Philosophy of Law in Historical Perspective epubs air All of this removes the wonder at the current absurdity of the legal system It is in fact built into the system Friedrich admits as much but can t find an escape without baseless assumptions and appeals rightness without foundation The story of legal development even God help me for saying this lends credence to our Theonomist friends who at least have an immutable foundation English Muy buen libro por lo coloquial del lenguaje se torna un poco pesado en ocaciones pero resulta ser muy completo English Saya membaca buku ini melalui terjemahan dari saudara Raisul Muttaqien Sebenarnya saya kira jika membaca secara langsung dalam teks aslinya yang berbahasa Inggris tujuan dari buku ini untuk membedah hukum yang ditarik dari perspektif sejarah sangat menarik Namun ada beberapa kelemahan yang membuat saya kira pembaca enggan untuk menyelesaikan buku ini. The philosophy of law in historical perspectiven of law 2 Ketidakjelasan penulis terkait catatan kaki yang hanya sekadar menulis rujukan buku babon nya yang seharusnya we can say that the lex becomes a rex Constitutional law is detached from the cultural history of the nation that has created it despite the principle of nation sovereignty which is universally enshrined in most of constitutions Not only that the constitution breaks away from the will of the citizens but some kind of universal principle Two centuries ago nation states established the grounds for protecting human rights and for the same reason the constitution as such was created Now nations are faced with drafts of constitutions that need no nation per se The norms of constitutional law are starting to be perceived as a thing independent of culture and politics This was not the case during the formation of modern nation states The nation was perceived as a matter before the constitution The people of Central and Eastern Europe emerged from the cultural self determination which later became the basis for the formation of political sovereignty Although historians of these nations don t speak about revolutions it s safe to say that the emergence of new nations was a revolutionary event The path to political independence began with the formation of cultural consciousness The nation state in the region emerged not only as a political promise but also evolved from a struggle for culture The leaders of the nations that wanted to establish their cultural identity promised a revolution reminiscent in some ways of the cultural revolutions of Mao Zedong or Ayatollah Khomeini Although national revolutions were not as radical as the Maoist and Islamist revolutions they promised a new form of cultural life The national movements of Central and Eastern Europe cannot be understood without the idea of the objectification of the spirit of Georg Hegel Before moving to an independent political life the national movements in the regions first had to understand its spirit language customs history and religion Thus in Central and Eastern Europe the term national revival means a cultural revolution It was only by bringing together people of the same culture into a separate community only then it was possible to start talking about an independent state Contrary to the opinion of many critics of nationalism national revivals is not only a time of propaganda for the nation s cultural exclusivity but it s also marked by a sign of cosmopolitanism The people seek higher culture the less is guided by narrow nationalism which is often perceived as a conservative phenomenon This is only a partially justified approach With its main intentions nationalism is a revolutionary ideology The current separation of the constitution from the nation itself is one piece of evidence The constitution not only creates but also destroys the nation state To understand the traditions of constitutionalism it is necessary to understand the history of the emergence of nations as political sovereigns This exactly requires a shift from legal theory to political and cultural history It s not enough to say that the nation became a new political sovereign it is necessary to understand how specific nations have shaped their cultural identity The idea of a nation state in the region requires linking political and cultural issues If the citizens of different countries did not differ in their cultural and historical experiences the people of specific region would lose their sense of political independence The nation state in the region is perceived as twofold the universal principles of the constitution must be reconciled with the national culture It is unequivocal nationalism but not necessarily directed against other nations Discussions about the peculiarity of the nation state are complicated by the recent experience of aggressive nationalist regimes due to the duality and extremes of the duality of the nation state With the beginning of the emphasis on the national culture the universal principles of law are pushed into the country and by focusing on the latter the tasks of cherishing the national culture disappear from view To successfully cope with the idea of a nation state a balance must be established between culture and politics culture and law The universal principles of law are important but the concept of the nation state it must be compatible with the tasks of cherishing cultural identity The idea of the nation state loses its meaning when the tasks of cherishing national culture are forgotten Even with a critical critique of nationalism it must be acknowledged that a state cannot be imagined without a nation When its being destroyed the meaning of political responsibility disappears Starting with the task of cherishing national culture and moving towards an independent state citizens find it difficult to imagine questioning the meaning of independence They do not ask whether a sovereign and independent state makes sense Most of the citizens don t doubt that The essence of the question is different whether the current forms of cultural life justify the aspirations for political independence of previous generations It is about the meaning of freedom It is not a question of the meaning of the individual but of the meaning of the community Philosophers attribute this question to considerations of positive freedom Therefor if the nation is less and less confronted with what could be called national culture the pursuit of political independence becomes meaningless The concept of constitutional patriotism defended by J rgen Habermas and other German political and legal philosophers best illustrates the constitution s ability to transcend nation and nationalism According to such authors logic allegiance to the nation can replace allegiance to the constitution The nation is perceived as having less political significance than the constitution itself The nation and its cultural identity are removed from political thinking Proponents of constitutional patriotism speak for a purely political nation rather than an ethnic nation It means that the citizens should recognize the universal norms of the constitution meanwhile their ethnicity has no political significance In this case the Constitution is perceived as a measure of national culture neutralization It s aimed that the citizens would be not cultural but law patriots Patriotism remains but it is separated from the concept of patriotism of the national revival Citizen identification with the nation becomes a personal matter Proponents of constitutional patriotism believe that law has its own method of deriving norms independent of culture Citizens moral and cultural beliefs are seen as a source of political disagreement and are therefore proposed to be taken into private life This is the basic principle in the political philosophy of liberalism Without disagreement on morality and culture the citizens of a liberal society must agree on a constitution Culture belongs to the Lebenswelt political norms to the Rechtsstaat Such approach objects the experience people of Central and Eastern Europe as the constitution in this region emerged from the ideals of the cultural Revolution According to the nineteenth century the concept of the nation state political independence must protect not only human rights but also the cultural identity of nations According to the XIX century concept of the nation state political independence must protect not only human rights but also the cultural identity of nations The concept of the nation state can be removed from the political dictionary only after it loses the perception of the cultural distinctiveness of the nation In line with the idea of the nation state the question of whether it s still worth talking about political independence after losing the perception of the nation s cultural identity is always meaningful The third revolution which can be called the counter revolution is currently underway particularly the expulsion of the nation state from political life These are the three consequences of Alexis de Tocqueville s application of the democratic method Modern democracy has not only created a nation state but also acts as a force that destroys it The nation state is based on philosophical assumptions that prevent its consistent implementation. The philosophy of law in historical perspectivet summary Too dependent on culture he highlights some important problems of the present day including certain aspects of legal realism First published in 1958 this book has been revised and enlarged The Philosophy of Law in Historical Perspective
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