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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 …

Rule of Law

(999 words)

Author(s): Starck, Christian

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 analyzi…