Love Is the Higher Law (review)

2009 ◽  
Vol 63 (2) ◽  
pp. 71-72
Author(s):  
Karen Coats
Keyword(s):  
Higher Law

scholarly journals What Constitutions Can Do (but Courts Sometimes Don’t): Property, Speech, and the Influence of Constitutional Norms on Private Law

2004 ◽  
Vol 17 (1) ◽  
pp. 61-81 ◽  
Author(s):  
Oliver Gerstenberg
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Freedom Of Expression ◽  
Social Democracy ◽  
Recent Attempt ◽  
Private Law ◽  
Human Rights Norms ◽  
The Right ◽  
Higher Law

In this paper I want to address, against the background of the ECtHR’s recent attempt to resolve the clash between property rights and the right to freedom of expression in its decision in Appleby v. UK, two questions, both of which I take to be related to the overarching theme of “social democracy”. First, there is the problem of the influence of “higher law”-of human rights norms and constitutional norms-on private law norms; second, the question of the role of adjudication in “constitutionalizing” private law, in other words, the question of the “judicial cognizability” of constitutional norms within private law.

Introduction

Living Law ◽  
2021 ◽  
pp. 1-10
Author(s):  
Miguel Vatter
Keyword(s):  
20Th Century ◽  
Political Theology ◽  
Charismatic Leadership ◽  
Alternative Conception ◽  
Carl Schmitt ◽  
Democratic Legitimacy ◽  
Divine Providence ◽  
Divine Sovereignty ◽  
German Jewish ◽  
Higher Law

This chapter situates Jewish political theology as a discourse developed in the 20th century, mainly by German Jewish thinkers. It sets out the basic differences between this analysis and the discourse on political theology developed by Carl Schmitt, centered on the need for absolute sovereignty to “restrain” disorder and revolutionary upheavals. The chapter argues that Jewish political theology offers an alternative conception of divine sovereignty and its implications for democracy and revolution. Jewish political theology is both republican and anarchic, attached to the idea of a higher law above human sovereignty and to the egalitarian ideal of a politics beyond domination. This chapter presents the two analytical-conceptual guiding-threads of the investigation. The first is concerned with Max Weber’s category of charismatic leadership and the problem of its functioning within a constitutional idea of democratic legitimacy. The second guiding-thread is concerned with the process of secularization. This chapter argues that Jewish political theology reconceives divine providence in order to criticize the assumption of human progress in and through history.

Is there a higher law?

2011 ◽  
pp. 59-82
Author(s):  
William Mackintire Salter
Keyword(s):  
Higher Law

The "Higher Law" Background of American Constitutional Law

1928 ◽  
Vol 42 (2) ◽  
pp. 149 ◽  
Author(s):  
Edward S. Corwin
Keyword(s):  
Constitutional Law ◽  
Higher Law
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