In this book the author investigates what is common to the German idea of the Rechtsstaat and the Anglo-American idea of the Rule of Law. He argues that, although dressed up in rather different garb, these two concepts are in fact based on the same fundamental idea and stand for the same values (the law-state values) all ideas that are in the European tradition older than their British and German variants. The fundamental idea is that the individual shall enjoy legal protection against infringements brought about by the exercise of power on the part of the state. In the book basic concepts such as legality, legal equality, legal certainty, legal accessibility and legal security are investigated. Also explored are their mutual relations, in particular, conflicts between them. Furthermore, the book offers practical advice on realising and sustaining these values in practice. Finally, it is argued that the characteristic law-state values can only be justified by reference to an even more fundamental humanistic idea, namely, what the author calls a life of human dignity.

The only contemporary book that comprehensively deals with the law-state idea Develops a lawyers´philosophy of law, combining philosophical analysis and practical considerations Provides a universal "Rechtsstaat" concept for our time Includes supplementary material: sn.pub/extras

Autorentext

Åke Frändberg is Emeritus Professor of Jurisprudence at Uppsala University and former President of the Swedish section of the IVR .He is the author of several books and articles in Swedish. He has also published in English, Chinese, German, and Spanish. His main research interests are the concept "legal order", application of law and statutory interpretation, and law-state thinking (Rechtsstaat and the Rule of Law). He is a member of the Royal Uppsala Academy of Arts and Sciences. He has been visiting professor at University of Minnesota, Minneapolis, and lecturer at the European Academy of Legal Theory, Brussels. In 2014 his book From Rechtsstaat to Universal Law-State was published by Springer.

Inhalt

Acknowledgements.- Authors biography.- Table of contents.- 1. The Basic Idea.- 2. Legal Orders.- 3. Prolegomena to the Clarification of the Law-State Thinking.- 4. Legality and Legal Subordination.- 5. Legal Equality.- 6. Legal Certainty.- 7. Legal Accessibility.- 8. Legal Security.- 9. The Organisation of the Law-State.- Index.