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Rule of Law

(999 words)

Author(s): Starck, Christian
[German Version] In the broad sense, a state under the rule of law is a state bound by the law (Law and legislation). Because the concept of “law” is so indefinite (predefined law to be followed by the state versus law made by the state), such a definition means little. The German equivalent ( Rechtsstaat) was firs…

Jurisprudence

(3,744 words)

Author(s): Starck, Christian | Herms, Eilert
[German Version] I. Terminology – II. History – III. Present-day Issues – IV. Significance for Theology I. Terminology Jurisprudence means the scholarly study of law (Law and jurisprudence) as an academic discipline. The German term Rechtswissenschaft was coined by the German historical school in the early 19th century and was intended to emphasize the scientific nature of legal scholarship: iuris scientia ( Rechtswissenschaft, legal science) was to replace iuris prudentia ( Rechtsklugkeit, legal prudence). Scientia and prudentia represent the Aristotelian ¶ distinction …

Legislative

(535 words)

Author(s): Starck, Christian
[German Version] In addition to its general adjectival use in relation to legislation, this term is used of law-giving authority as a function of the state, also designating the institutions that enact laws (Law and legislation: V) through specific procedures (for the ecclesiastical legislative, cf. Legislation, Church). Rooted in common usage, the generally accepted precedence of the “good old law” in the Middle Ages was replaced by the priority of state legislation, which – following the ideas o…

Legal Policy

(827 words)

Author(s): Starck, Christian
[German Version] I. Definition – II. Actors and Procedure – III. Criteria and Context I. Definition Legal policy is the guiding force behind legislation in the modern state (III). It seeks to respond to social situations, interests, and needs by analyzing and assessing the situations, defining the interests, and evaluating the needs. Today the shaping of society embodied in policy (Politics) is largely accomplished through legislation. The tax policy that affects the revenue of the state is embodied in tax legislation. The policies with the ¶ greatest expenditures involve the …

Law and Legislation

(7,555 words)

Author(s): Michaels, Axel | Otto, Eckart | Räisänen, Heikki | Sparn, Walter | Starck, Christian
[German Version] I. History of Religion – II. Old Testament – III. New Testament – IV. Dogmatics and Ethics – V. Politics and Jurisprudence I. History of Religion Laws are generally regarded as formulated, i.e. sentential and often codified rules of life and coexistence; this ¶ refers especially to principles of nature (Law/Natural law) and norms of action (Commandment, Ethics). For the modern age, the validity of natural laws arises from hypothetical laws that have been verif…