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A Debt Restructuring Mechanism for Sovereigns
The Eurozone crisis which started in spring 2010 as a Greek budget crisis has alerted Europeans that the issue of defaulting sovereigns is not one reserved just for the poor and poorest countries on this globe. The crisis painfully amplified that developed countries, too, might be hit by this phenomenon. To be sure, this insight is far from novel - the history of defaulting states reaches back into history for at least two millennia. And yet, lawyers have surprisingly abstained more or less completely from discussing this subject and developing possible solutions. Beginning with the Argentina crisis in 2001, this neglect began to vanish to a certain degree and this movement got some momentum in 2010 by the Eurozone crisis. The present book collects contributions from authors most of whom have participated in a conference on this issue in January 2012 at the Humboldt-Universität zu Berlin. The presentations, thus, provide a unique overview of the present discussion both from an economic and legal perspective.
Czech Yearbook of International Law - The Role of Governmental and Non-governmental Organizations in the 21st Century - 2014
The Czech Yearbooks Project, for the moment made up of the Czech Yearbook of International Law® and the Czech (& Central European) Yearbook of Arbitration®, began with the idea to create an open platform for presenting the development of both legal theory and legal practice in Central and Eastern Europe and the approximation thereof to readers worldwide. This platform should serve as an open forum for interested scholars, writers, and prospective students, as well as practitioners, for the exchange of different approaches to problems being analyzed by authors from different jurisdictions, and therefore providing interesting insight into issues being dealt with differently in many different countries.
Proportionality and Judicial Activism
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Fixing the Euro Within the National Constitutional Guardrails
EU fiscal integration is indispensable to establishing a stable single currency in the long run. However, this integration is proving ever more difficult in light of increasing national constitutional opposition. The author of this groundbreaking book shows that this dilemma between EU fiscal integration and national constitutional limits can be refuted. He provides a structured, comparative overview and outlook on how the available national constitutional space can be adapted to the political aspirations aiming at implementing EU fiscal integration steps while at the same time effectively protecting the national constitutional values at stake. Beginning with a macro-comparative assessment o...
Luther and Calvinism
Die Wirkung Martin Luthers auf den Calvinismus war enorm. In diesem Band dokumentieren namhafte Autoren auf dem Gebiet der Lutherforschung und der reformierten Theologie die internationale Forschung zur Rezeption Martin Luthers im Calvinismus. Umfassend analysieren sie das Bild Luthers in unterschiedlichen calvinistischen Kontexten. Als Experten gelingt es ihnen, die zentralen Zusammenhänge zwischen lutherischem und calvinistischem Denken nachvollziehbar und präzise aufzuzeigen. Mit ihrem nachdrücklichen Hinweis auf die immense Wirkung Luthers auf den Calvinismus leisten sie insgesamt einen Meilenstein auf dem Weg zur Erforschung der Bedeutung Martin Luthers für die Geistesgeschichte Europas.
The Legal Legacy of the Reformation
The growing interest in the relationship between religion and law is, in the case of Christianity, often viewed in monolithic terms. Moreover, the debate is often seen in terms of the relationship of Christianity to the state along with discussions about, for example, religious freedom. Christianity is often seen as responding to claims made on it by the state and by the growth of secularism. This book takes a different approach. First, it makes the claim that Christianity has something of value to say about various pressing issues which are of direct relevance to contemporary society. Amongst these are the place of human rights and that of individual claims of conscience. Second, it does no...
Kant’s Embedded Cosmopolitanism
Kant’s omnipresence in contemporary cosmopolitan discourses contrasts with the fact that little is known about the historical origins and the systematic status of his cosmopolitan theory. This study argues that Kant’s cosmopolitanism should be understood as embedded and dynamic. Inspired by Rousseau, Kant developed a form of cosmopolitanism rooted in a modified form of republican patriotism. In contrast to static forms of cosmopolitanism, Kant conceived the tensions between embedded, local attachments and cosmopolitan obligations in dynamic terms. He posited duties to develop a cosmopolitan disposition (Gesinnung), to establish common laws or cosmopolitan institutions, and to found and p...
Rechtskultur
English summary: Legal culture has become a key notion in law and society. But how to describe it? How does it emerge? Where are its roots and foundations? Which elements constitute it? Peter Mankowski provides answers by highlighting its development and structures. Rather than establishing a grand theory, his work looks at different contexts and offers at its core a comparative-anecdotal approach to a complex, multifaceted notion. Aiming to provoke thought and encourage discussion, the author depicts the societal, religious and ideological traditions surrounding legal culture, which has to be dynamic to keep apace with progress in society, science and technology. An international phenomenon...
Kant's Doctrine of Right in the Twenty-first Century
For a very long time, Kant’s Doctrine of Right languished in relative neglect, even among those who wanted to defend a Kantian position in political philosophy. Kant’s more interesting claims about politics were often said to be located elsewhere. This anthology examines a wide range of issues discussed by Kant in the Doctrine of Right and other closely related texts, including his views on social contract theory, private property, human rights, welfare and equality, civil disobedience, perpetual peace, forgiveness and punishment, and marriage equality. The authors have all tested Kant’s arguments for possible political application, reaching different and sometimes opposing conclusions. The result is a highly original volume that not only enhances the understanding of Kant’s political philosophy, but also invites substantive debate within the Kantian tradition and beyond.
