The evolution of law and the state in Europe : seven lessons

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Bibliographic Information

The evolution of law and the state in Europe : seven lessons

Spyridon Flogaitis

Hart, 2014

  • : hbk

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Note

Includes bibliographical references and index

Contents of Works

  • From the Roman Empire to the rebirth of public powers in Europe
  • Public administration
  • The modern state and its foundations : the rule of law
  • The concept of the modern state
  • From decentralization to devolution
  • The modern state : from the one-class state to the multi-class state and its evolution
  • The modern state integrating in the international community

Description and Table of Contents

Description

Most books about public power and the state deal with their subject from the point of view of legal theory, sociology or political science. This book, without claiming to deliver a comprehensive theory of law and state, aims to inform by offering a fresh reading of history and institutions, particularly as they have developed in continental Europe and European political and legal science. Drawing on a remarkably wide range of sources from both Western and Eastern Europe, the author suggests that only by knowing the history of the state, and state administration since the twelfth century, can we begin to comprehend the continuing importance of the state and public powers in modern Europe. In an era of globalization, when the importance of international law and institutions frequently lead to the claim that the state either no longer exists or no longer matters, the truth is in fact more complex. We now live in an era where the balance is shifting away from the struggle to build states based on democratic values, towards fundamental values existing above and beyond the borders of nations and states, under the watchful gaze of judges bound by the rule of law.

Table of Contents

Lesson 1: From the Roman Empire to the Rebirth of Public Powers in Europe The World becomes Roman New Rome, Constantinople, and a New Europe The New Religion, the Roman Empire and Europe Charlemagne, Holy Roman Empire of the German Nation, Constantinople The Late Roman Empire and the Concept of State Concluding Remarks Lesson 2: Public Administration Jus Politiae Public Administration and Public Law Public Administration and Fiskus The Development of a Public Administration in England Public Administration of States and other 'Public' or 'Private' Administrations The Divide between Public Law and Private Law Lesson 3: The 'Modern' State and its Foundations: The Rule of Law The French Revolution of 1789 and the Rule of Law The Ideas of AV Dicey, the Rule of Law and the Principle of Legality The Rule of Law or Principle of Legality in Modern Times Lesson 4: The Concept of the 'Modern' State The French Concept of State The German Concept of State Lesson 5: From Decentralization to Devolution Decentralization Selbstverwaltung From Federalism to Regionalism Devolution Lesson 6: The 'Modern' State: From the One-class State to the Multi-class State and its Evolution The One-class State of the Nineteenth Century Towards the Multi-class State The Multi-class State The Fascist State The State of the Bolshevik Revolution The Second World War and the Multi-class State Democratic State, State of Law, Social State The Classless State? Lesson 7: The 'Modern' State Integrating in the International Community A Fragmented and Simultaneously Integrated International Environment The Reaction of the State, Crises, Reforms and the Gradual Constellation of Multi-level Public Power, both Nationally and Internationally The Dilution of the States in the International Environment and the Rule of Law Conclusions

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