354 research outputs found
Philosophy of Law - the Concept of Legitimacy and Modern Constitutions
No full textIn his article, the author asks how legitimacy of law and the concept of rules of law can be described taking into account the interaction between aspects of philosophy and sociology as well as the will of the state in states' constitutions. As the rule of law, versus other kinds of rules in our society, should be regarded as a rule of "three-dimensionality" - an interaction between the will of the state, the social, historical, and economic factors, and the idea or concept of justice -, the author focuses his interest on the examination of these three factors always taking into account that law is the will of the state, but that not every decision of the state can be considered as law
Promoting Islamic Finance and Islamic Banking: a legal analysis of the potential for Islamic Banking products in Germany
No full textIn recent years, Islamic banking has been one of the fastest growing markets in the financial world. Even to German banks, Islamic finance is not as 'foreign' as one might think. Indeed, several banks are already operating so-called "Islamic windows" in various Arab countries. However, German banks are still reluctant to offer 'Islamic' products in Germany, despite the fact that approximately 3.5 million Muslims currently live there. Potential reasons for this reluctance include widespread misunderstanding of Islamic banking in Germany and prevailing cultural prejudice towards Islam generally. The author seeks to address these concerns and to take an objective approach towards understanding the potential for Islamic banking in Germany. Legally, Islamic law cannot be the governing law of any contract in Germany. Therefore, the aim must be to draft contracts that are both enforceable under German law and consistent with the principles of Shari'a - the Islamic law. In this paper, the author gives a detailed legal analysis of the most common Islamic banking products and how they could be given effect under German law, while attempting to address widespread concerns about arbitration or parallel Shari'a courts. This publication is one of the first legal analysis of Islamic banking products in Germany. As such, its goal is not to be the final word, but rather to begin the conversation about potential problems and conflicts of Islamic banking in Germany that require further investigation
The public prosecution's role in criminal proceedings under the rule of law: legal situation in Germany with comparative law remarks on UK and USA
No full text"Analyzing the role of Germany as a law-exporting nation the essay deals with a
very specific aspect of the Rule of Lawprinciple in criminal proceedings.
The author describes the division of functions among police, public prosecution
and criminal courts within criminal law enforcement in Germany adding some
comparative law remarks. He furthermore provides an overview of structure and
organization of the public prosecution in Germany. He focuses on the relationship and interaction between public prosecution and police in preliminary proceedings emphazising the importance of both being allocated in different ministries of the executive branch. Thus he points out yet another aspect of the constitutional principle of the Rule of Law: the role of public prosecution as guardian of the law towards the police in criminal proceedings." (author's abstract
Financial crisis and German criminal law: responsibility of managers for highly-speculative trading with obscure asset-backed securities based on American subprime mortgages
No full text"The article deals with the responsibility of the financial sector under criminal law in Germany. This question has been of special interest since the beginning of the financial crisis. The author argues that the transactions of asset-backed securities based on
American subprime mortgages fulfill all legal elements of the criminal offence 'breach of trust' (Untreue). From the author's point of view, the people's legal loyalty would be severely affected if there were no criminal proceedings against such bankers who purchased those toxic asset-backed securities without sufficient information on their structure and value. Refraining from criminal prosecution even in cases causing high loss would send a dangerous signal towards the investment banking industry." (author's abstract
Interrogational Torture in Criminal Proceedings - Reflections on Legal History -, Vol. 1
No full textSubject of this publication is torture as an interrogational instrument in criminal proceedings from a legal history point of view. Thereby, the author makes a distinction between torturing the accused on the one hand and, on the other hand, torture as an instrument to force a witness’ incriminating testimony against third parties (in German: Zeugenfolter), torture as a means to avert dangers (lifesaving torture), torture as an additional cruelty to the accused’s punishment (in German: Straffolter), and corporal punishment for lying in court. Only the first manifestation, namely torturing the accused intending to extort his confession, is the real subject of this paper. Volume I covers the following historical periods: Code of Hammurabi; Germanic Law; Roman Law; Age of the Kingdom of the Franks; High Middle Ages
The Collection of Eighteenth-Century French Novels 1751–1800
No full textThe French Enlightenment is a pivotal period in European intellectual and literary history, which can be studied through this dataset of French novels first published between 1751 and 1800. This collection contains 200 French novels in TEI/XML, encoded according to the ‘level-1 schema’ of the European Literary Text Collection (ELTeC), and carefully compiled to reflect the known historical publication of French Novels in that period regarding publication year, gender of author and narrative form. The dataset is connected to a bigger knowledge graph of 331,671 Resource Description Framework triples (RDF) built within the project ‘Mining and Modeling Text’ at Trier University, Germany (2019–2023)
Le Centenaire de la laïcité française et la Turquie
No full textIn the young Turkish Republic which has rather adopted the French system of laicism as a model instead of the English secularism it is now necessary to evaluate the evolution of each of these systems. At the time of the centenary of the French laicism and the law of 2004, covering the ostentatious display of religious symbols at schools, the author looks into the history of laicism and its application in France so as to make it more understandable but also to criticise the system. He further analyses whether this system can be adapted to the Turkish Republic which is preparing to become a Member of the European Union.Dans la jeune République turque qui n’a pas adopté le sécularisme anglais, mais plutôt le système de laïcité française comme modèle, il faut se poser aujourd’hui la question des évolutions respectives de ces systèmes. À l’heure du centenaire de la laïcité française, de la loi de 2004 encadrant le port de signes ostentatoires à l’école, nous souhaitons envisager l’histoire de la laïcité et son application actuelle en France afin de mieux comprendre, critiquer et éventuellement adapter ce système à la Turquie qui se prépare pour son entrée dans l’Union européenne
The Rule of Law in German Criminal Proceedings - German Constitutional Law and the European Convention on Human Rights
No full textGermany as law-exporting nation is a worldwide role model especially for its criminal law and criminal procedure law which has influenced several East Asian countries. The author offers a short historical overview on the establishment of the rule of law in Germany. He describes the role of the German Federal Constitution as source of criminal procedure law by referring to fundamental constitutional principles as well as giving specific case examples. The second part of the essay focuses on the relevance and application of the European Convention on Human Rights. The author points out basic principles of the European Convention on Human Rights and illustrates its influence on German legal practice
Philosophy of Law " The Concept of Legitimacy and Modern Constitutions
No full textIn his article, the author asks how legitimacy of law and the concept of rules of law can be described taking into account the interaction between aspects of philosophy and sociology as well as the will of the state in states' constitutions. As the rule of law, versus other kinds of rules in our society, should be regarded as a rule of "three-dimensionality" " an interaction between the will of the state, the social, historical, and economic factors, and the idea or concept of justice ", the author focuses his interest on the examination of these three factors always taking into account that law is the will of the state, but that not every decision of the state can be considered as law
The Constitution of Latvia
No full textThe article offers a concise view on the constitution of the Baltic state of Latvia. After an introduction focusing on constitutional history, the author explores basic principles and human rights in the text of the constitution and explains the main constitutional bodies and their functions in legislative, executive and judiciary. Chapters on citizenship and religious rights round up this introduction to the Latvian Constitution
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