From Rechtsstaat to Universal Law-State: An Essay in by Åke Frändberg

By Åke Frändberg

In this booklet the writer investigates what's universal to the German thought of the Rechtsstaat and the Anglo-American thought of the rule of thumb of legislation. He argues that, even supposing dressed up in fairly various apparel, those ideas are in truth in response to an identical basic suggestion and stand for a similar values (“the law-state values”) – all principles which are within the eu culture older than their British and German versions. the elemental notion is that the person shall get pleasure from felony security opposed to infringements caused by means of the workout of strength at the a part of the kingdom. within the publication uncomplicated ideas similar to legality, criminal equality, felony walk in the park, felony accessibility and criminal protection are investigated. additionally explored are their mutual family members, particularly, conflicts among them. in addition, the publication deals useful recommendation on realising and maintaining those values in perform. eventually, it's argued that the attribute law-state values can simply be justified by means of connection with a fair extra primary humanistic suggestion, particularly, what the writer calls “a lifetime of human dignity”.

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Then the former often, consciously or unconsciously, try to subordinate V to a term, t, which does not refer to V at all but to certain other values, V′, which are commonly embraced. That device entails that the positive emotions which t generally disposes people to experience with regard to V′ are transferred also to V. , “real democracy means a socialised economy”). 7 This trend is strongly developed not least in politics and there it prevails now and then rather unhindered by intellectual or other scruples.

In the current debate we often hear the opinion that a main task for the Government is to “uphold the law-state” by protecting the public—or even the state—against crime, or against misuse of power by powerful private organisations. But this is an extension which is not warranted by the classical law-state doctrine, and it also has the drawback that it cloaks important potential value conflicts. 2 Some Methodological and Conceptual Remarks 39 The ambition to protect effectively private citizens against crime might conflict with the demand for protection of personal integrity against the powers that be, not least the demand for satisfactory guarantees of a fair criminal procedure with respect to arrested or detained persons, and defendants (the last-mentioned is undoubtedly a law-state value).

Its relationship to the law-state ideas is complicated both from the viewpoint of the history of ideas and of logic: in their application both ideas might at times cooperate towards a common result, at times, on the contrary, lead to incompatible results. , its sovereignty. But, unfortunately, sovereignty is also a very handy tool for mobilising a defence and counter-attack when it has been proven that a state has committed atrocities against its own people. ”. We remember that outburst of perverted indignation launched from Peking after the massacre in Tiananmen Square in June 1989.

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