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The article takes up the example of online news-services to describe the overall purpose of Germany's public broadcasting corporation within the new networks of electronic media. It argues that the rise of the Internet is an evolutionary jump in the history of media. For this reason the traditional constitutional regime of guaranteeing pluralism in broadcasting can no longer be applied as a rationale and justification. Rather, a new constitutional type of conflict of law rules should be inaugurated to cope with the rising economic competition between public and private online news-services.
Conflict of laws. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Civil law
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There has been renewed and growing interest in exploring the significant role played by law in the centralization of power and sovereignty - right from the earliest point. This timely book serves as an introduction into state theory, providing an overview of the conceptual history and the interdisciplinary tradition of the continental European general theory of the state.Chapters present a theory of the state grounded in cultural analysis and show liberal democracy to be the paradigm of today's western nation-state. The analysis includes the emergence of legal forms and institutions that are linked either to the constitutional state (the securing of civil liberties and fundamental rights), the welfare state (social and welfare law), or the network-state (regulation of complex digital technologies). Thomas Vesting focuses on illustrating the fundamental features of these evolutionary stages - the three layers constituting the modern state - and reveals their cultural and social preconditions.This book will be an ideal read for students, postgraduates, and other academic audiences with interests in state theory, jurisprudence, legal theory, political theory, and legal philosophy.
State, The. --- Law. --- State, The --- État --- Politics and government. --- Social aspects. --- Europe --- Europe. --- Politique et gouvernement --- État
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As many disciplines in the humanities have experienced a focus on culture’s impact in recent decades, questions surrounding the significance of media such as writing, print, and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory perspective can also be highly productive for legal theory. Thomas Vesting approaches law as an artificial and constructive element within culture and emphasizes the many possibilities that varied forms of media have opened to law, from oral history through to scripture, print and modern day digital networks. While providing historical examples for these theoretical assumptions, the connections between media and law are reconstructed in a practical way and with an eye toward the future. The book closes with an analysis of our present age as a network culture and discusses how this metaphorical framework can be of use in thinking about issues such as constitutionalism, human rights, the state, democracy and education. Legal Theory and the Media of Law will be of great interest to legal, cultural and media theorists as well as academics of politics, sociology and philosophy.
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