Dynamics of Constitutional Cultures

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Publisher :
ISBN 13 : 9783465045519
Total Pages : 298 pages
Book Rating : 4.0/5 (455 download)

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Book Synopsis Dynamics of Constitutional Cultures by : Werner Gephart

Download or read book Dynamics of Constitutional Cultures written by Werner Gephart and published by . This book was released on 2020-11 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although it has been claimed that we live in an age of constitutionalism, national and transnational constitutions neither appear as uniform models nor as uncontested means of setting the rules of the game in the political, economic, or religious domain. This book aims to convince readers of a cultural perspective on constitutions. Tying in with the research approach of the Kate Hamburger Center "Law as Culture", the term "constitutional culture" evokes the multidimensional life of a constitution that cannot be restricted to its - though essential - textual normative provisions and authorized interpreters. Grasping the foundational force and societal influence of constitutions by means of cultural theory and analysis also calls for the investigation of narratives, symbols, rituals, materials, and places in which constitutions are framed and reproduced. With this objective in mind, the contributions to this volume, written by lawyers, sociologists, and political scientists, illuminate different dimensions of the cultural manifestation of constitutions as well as contemporary legal, political, and social struggles arising around their shape and range of influence in various regions of the world.

Dynamics and Constitutional Cultures

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Publisher :
ISBN 13 : 9783465145516
Total Pages : 0 pages
Book Rating : 4.1/5 (455 download)

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Book Synopsis Dynamics and Constitutional Cultures by : Werner Gephart

Download or read book Dynamics and Constitutional Cultures written by Werner Gephart and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Although it has been claimed that we live in an age of constitutionalism, national and transnational constitutions neither appear as uniform models nor as uncontested means of setting the rules of the game in the political, economic, or religious domain. This book aims to convince readers of a cultural perspective on constitutions. Tying in with the research approach of the Käte Hamburger Center "Law as Culture," the term "constitutional culture" evokes the multidimensional life of a constitution that cannot be restricted to its--though essential--textual normative provisions and authorized interpreters. Grasping the foundational force and societal influence of constitutions by means of cultural theory and analysis also calls for the investigation of narratives, symbols, rituals, materials, and places in which constitutions are framed and reproduced. With this objective in mind, the contributions to this volume, written by lawyers, sociologists, and political scientists, illuminate different dimensions of the cultural manifestation of constitutions as well as contemporary legal, political, and social struggles arising around their shape and range of influence in various regions of the world."-- Back cover.

The Politico-Legal Dynamics of Judicial Review

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Publisher : Cambridge University Press
ISBN 13 : 1108670474
Total Pages : 389 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Politico-Legal Dynamics of Judicial Review by : Theunis Roux

Download or read book The Politico-Legal Dynamics of Judicial Review written by Theunis Roux and published by Cambridge University Press. This book was released on 2018-09-06 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.

The Dynamic Constitution

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Publisher : Cambridge University Press
ISBN 13 : 1107021405
Total Pages : 433 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Dynamic Constitution by : Richard H. Fallon

Download or read book The Dynamic Constitution written by Richard H. Fallon and published by Cambridge University Press. This book was released on 2013-04-22 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this revised second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law.

Constitutionalism and American Culture

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Publisher :
ISBN 13 :
Total Pages : 472 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Constitutionalism and American Culture by : Sandra F. VanBurkleo

Download or read book Constitutionalism and American Culture written by Sandra F. VanBurkleo and published by . This book was released on 2002 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural history and themendment : New York Times v. Sullivan and its times / Kermit L. Hall -- New directions in American constitutional history -- Words as hard as cannon-balls : women's rights agitation -- And liberty of speech in nineteenth-century America / Sandra F. VanBurkleo -- Race, state, market, and civil society in constitutional history / Mark Tushnet -- Constitutional history and the "cultural turn" : cross -- Examining the legal-reelist narratives of Henry Fonda / Norman L. Rosenberg -- Contributors

The Cultural Dynamics of Democratization in Spain

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Publisher : Cornell University Press
ISBN 13 : 1501728717
Total Pages : 256 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis The Cultural Dynamics of Democratization in Spain by : Peter McDonough

Download or read book The Cultural Dynamics of Democratization in Spain written by Peter McDonough and published by Cornell University Press. This book was released on 2018-09-05 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the death of Franco in 1975, Spain has made a successful transition to democracy. This book looks at what that transition has meant for the Spanish people. Drawing on national surveys taken in 1978, 1980, 1984, and 1990, the authors explore three questions: What is the basis of the new regime's political legitimacy? How did Spanish democracy move from the conservative center-right coalition that engineered the transition to the socialist government that consolidated it? And why is political participation so low among Spaniards? The answers to the first two questions highlight the ambiguity built into the political contrast with the Franco regime and a certain appreciation of the material accomplishments of authoritarianism, the pivotal role of the king in opting for democracy while symbolically spanning traditional and modernizing forces, and finally a movement from foundational issues to economic and social concerns. In response to the third question, the authors illuminate the participatory shortfall in Spanish politics by comparing Spain with Brazil and Korea, two post-authoritarian societies where political involvement is much higher. They consider long-term structural factors as well as short-term strategic actions that have contributed to low civic engagement.

The Identity of the Constitutional Subject

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Publisher : Routledge
ISBN 13 : 1135253285
Total Pages : 344 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis The Identity of the Constitutional Subject by : Michel Rosenfeld

Download or read book The Identity of the Constitutional Subject written by Michel Rosenfeld and published by Routledge. This book was released on 2009-10-16 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.

Culture, Mind, and Brain

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Publisher : Cambridge University Press
ISBN 13 : 1108580572
Total Pages : 683 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Culture, Mind, and Brain by : Laurence J. Kirmayer

Download or read book Culture, Mind, and Brain written by Laurence J. Kirmayer and published by Cambridge University Press. This book was released on 2020-09-24 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent neuroscience research makes it clear that human biology is cultural biology - we develop and live our lives in socially constructed worlds that vary widely in their structure values, and institutions. This integrative volume brings together interdisciplinary perspectives from the human, social, and biological sciences to explore culture, mind, and brain interactions and their impact on personal and societal issues. Contributors provide a fresh look at emerging concepts, models, and applications of the co-constitution of culture, mind, and brain. Chapters survey the latest theoretical and methodological insights alongside the challenges in this area, and describe how these new ideas are being applied in the sciences, humanities, arts, mental health, and everyday life. Readers will gain new appreciation of the ways in which our unique biology and cultural diversity shape behavior and experience, and our ongoing adaptation to a constantly changing world.

A Digest of Revised Laws and Decisions and Annotated Constitutions of the Right Worthy Grand Lodge of the Independent Order of Good Templars

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Publisher :
ISBN 13 :
Total Pages : 220 pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis A Digest of Revised Laws and Decisions and Annotated Constitutions of the Right Worthy Grand Lodge of the Independent Order of Good Templars by : Independent Order of Good Templars. Right Worthy Grand Lodge

Download or read book A Digest of Revised Laws and Decisions and Annotated Constitutions of the Right Worthy Grand Lodge of the Independent Order of Good Templars written by Independent Order of Good Templars. Right Worthy Grand Lodge and published by . This book was released on 1890 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Embodiment, Enaction, and Culture

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Publisher : MIT Press
ISBN 13 : 0262035553
Total Pages : 451 pages
Book Rating : 4.2/5 (62 download)

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Book Synopsis Embodiment, Enaction, and Culture by : Christoph Durt

Download or read book Embodiment, Enaction, and Culture written by Christoph Durt and published by MIT Press. This book was released on 2017-04-14 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first interdisciplinary investigation of the cultural context of enactive embodiment, offering perspectives that range from the neurophilosophical to the anthropological. Recent accounts of cognition attempt to overcome the limitations of traditional cognitive science by reconceiving cognition as enactive and the cognizer as an embodied being who is embedded in biological, psychological, and cultural contexts. Cultural forms of sense-making constitute the shared world, which in turn is the origin and place of cognition. This volume is the first interdisciplinary collection on the cultural context of embodiment, offering perspectives that range from the neurophilosophical to the anthropological. The book brings together new contributions by some of the most renowned scholars in the field and the latest results from up-and-coming researchers. The contributors explore conceptual foundations, drawing on work by Husserl, Merleau-Ponty, and Sartre, and respond to recent critiques. They consider whether there is something in the self that precedes intersubjectivity and inquire into the relation between culture and consciousness, the nature of shared meaning and social understanding, the social dimension of shame, and the nature of joint affordances. They apply the notion of radical enactive cognition to evolutionary anthropology, and examine the concept of the body in relation to culture in light of studies in such fields as phenomenology, cognitive neuroscience, psychology, and psychopathology. Through such investigations, the book breaks ground for the study of the interplay of embodiment, enaction, and culture. Contributors Mark Bickhard, Ingar Brinck, Anna Ciaunica, Hanne De Jaegher, Nicolas de Warren, Ezequiel Di Paolo, Christoph Durt, John Z. Elias, Joerg Fingerhut, Aikaterini Fotopoulou, Thomas Fuchs, Shaun Gallagher, Vittorio Gallese, Duilio Garofoli, Katrin Heimann, Peter Henningsen, Daniel D. Hutto, Laurence J. Kirmayer, Alba Montes Sánchez, Dermot Moran, Maxwell J. D. Ramstead, Matthew Ratcliffe, Vasudevi Reddy, Zuzanna Rucińska, Alessandro Salice, Glenda Satne, Heribert Sattel, Christian Tewes, Dan Zahavi

The Cultural Defense of Nations

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Publisher : Oxford University Press
ISBN 13 : 019966868X
Total Pages : 305 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Cultural Defense of Nations by : Liav Orgad

Download or read book The Cultural Defense of Nations written by Liav Orgad and published by Oxford University Press. This book was released on 2015 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing one of the greatest challenges facing liberalism today, this book asks if is it legally and morally defensible for a liberal state to restrict immigration in order to preserve the cultural rights of majority groups. Orgad proposes a liberal approach to this dilemma and explores its dimensions, justifications, and limitations.

The First Freedoms and America's Culture of Innovation

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Publisher : Rowman & Littlefield
ISBN 13 : 1442225882
Total Pages : 251 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis The First Freedoms and America's Culture of Innovation by : Narain D. Batra

Download or read book The First Freedoms and America's Culture of Innovation written by Narain D. Batra and published by Rowman & Littlefield. This book was released on 2013-10-18 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about the dynamics of the aspirational society. It explores the boundaries of permissible thought--deviations and transgressions that create constant innovations. When confronted with a problem, an innovative mind struggles and brings forth something distinctive--new ideas, new inventions, and new programs based on unconventional approaches to solve the problem. But this can be done only if the culture creates large breathing spaces by leaving people alone, not as a matter of state generosity but as something fundamental in being an American. Consequently, the Constitutional mandate of “Congress shall make no law…” has encouraged fearless speech, unrestrained thought, and endless experimentation leading to newer developments in science, technology, the arts, and not least socio-political relations. Most of all, the First Freedoms liberate the mind from irrational fears and encourage an environment of divergent thinking, non-conformity, and resistance to a collective mindset. The First Freedoms encourage Americans to be iconoclastic, to be creatively crazy, to be impure, thus, enabling them to mix and re-mix ideas to design new technologies and cultural forms and platforms, anything from experimental social relations and big data explorations to electing our first black president.

The End of Illusions

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Publisher : John Wiley & Sons
ISBN 13 : 1509545719
Total Pages : 167 pages
Book Rating : 4.5/5 (95 download)

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Book Synopsis The End of Illusions by : Andreas Reckwitz

Download or read book The End of Illusions written by Andreas Reckwitz and published by John Wiley & Sons. This book was released on 2021-06-28 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a time of great uncertainty about the future. Those heady days of the late twentieth century, when the end of the Cold War seemed to be ushering in a new and more optimistic age, now seem like a distant memory. During the last couple of decades, we’ve been battered by one crisis after another and the idea that humanity is on a progressive path to a better future seems like an illusion. It is only now that we can see clearly the real scope and structure of the profound shifts that Western societies have undergone over the last 30 years. Classical industrial society has been transformed into a late-modern society that is molded by polarization and paradoxes. The pervasive singularization of the social, the orientation toward the unique and exceptional, generates systematic asymmetries and disparities, and hence progress and unease go hand in hand. Reckwitz examines this dual structure of singularization and polarization as it plays itself out in the different sectors of our societies and, in so doing, he outlines the central structural features of the present: the new class society, the characteristics of a postindustrial economy, the conflict about culture and identity, the exhaustion of the self resulting from the imperative to seek authentic fulfillment, and the political crisis of liberalism. Building on his path-breaking work The Society of Singularities, this new book will be of great interest to students and scholars in sociology, politics, and the social sciences generally, and to anyone concerned with the great social and political issues of our time.

Constitutionalism, Identity, Difference, and Legitimacy

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Publisher : Duke University Press
ISBN 13 : 9780822315162
Total Pages : 452 pages
Book Rating : 4.3/5 (151 download)

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Book Synopsis Constitutionalism, Identity, Difference, and Legitimacy by : Michel Rosenfeld

Download or read book Constitutionalism, Identity, Difference, and Legitimacy written by Michel Rosenfeld and published by Duke University Press. This book was released on 1994 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR

Culture & Conflict Resolution

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Publisher : US Institute of Peace Press
ISBN 13 : 9781878379825
Total Pages : 180 pages
Book Rating : 4.3/5 (798 download)

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Book Synopsis Culture & Conflict Resolution by : Kevin Avruch

Download or read book Culture & Conflict Resolution written by Kevin Avruch and published by US Institute of Peace Press. This book was released on 1998 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: After years of relative neglect, culture is finally receiving due recognition as a key factor in the evolution and resolution of conflicts. Unfortunately, however, when theorists and practitioners of conflict resolution speak of culture, they often understand and use it in a bewildering and unhelpful variety of ways. With sophistication and lucidity, "Culture and Conflict Resolution" exposes these shortcomings and proposes an alternative conception in which culture is seen as dynamic and derivative of individual experience. The book explores divergent theories of social conflict and differing strategies that shape the conduct of diplomacy, and examines the role that culture has (and has not) played in conflict resolution. The author is as forceful in critiquing those who would dismiss or diminish culture s relevance as he is trenchant in advocating conflict resolution approaches that make the most productive use of a coherent concept of culture. In a lively style, Avruch challenges both scholars and practitioners not only to develop a clearer understanding of what culture is, but also to take that understanding and incorporate it into more effective conflict resolution processes."

Constitutional Culture, Independence, and Rights

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Publisher : University of Toronto Press
ISBN 13 : 1487532202
Total Pages : 226 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Constitutional Culture, Independence, and Rights by : Javier Garcia Oliva

Download or read book Constitutional Culture, Independence, and Rights written by Javier Garcia Oliva and published by University of Toronto Press. This book was released on 2023-05-26 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Constitutional Culture, Independence, and Rights, Javier García Oliva and Helen Hall coin the term "constitutional culture" to encapsulate the collective rules and expectations that govern the collective life within a jurisdiction. Significantly, these shared norms have both legal and social elements, including matters as diverse as standards of parenting, the modus operandi of police officers, and taboos around sexuality. Using Quebec, Scotland, and Catalonia as case studies, the book delves into what these constitutional battles mean for the rights, identity, and needs of everyday people, and it powerfully demonstrates why the hypothetical future independence of these regions would have far-reaching practical consequences, beyond the realm of political structures and academic theory. The book does not present a magic bullet to resolve debates around independence – this is not its purpose, and the text in fact demonstrates why there is no objectively optimal approach in any or all contexts. Instead, it seeks to shed light on aspects of these situations often overlooked in discussions around the fate of nations, and it addresses what the consequences of constitutional paradigm shifts might be for individuals. Constitutional culture is a complex web of interconnected understandings and behaviours, and the vibrations from shaking or cutting a fundamental strand will be felt throughout the structure.

European Yearbook of Constitutional Law 2020

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Publisher : Springer Nature
ISBN 13 : 946265431X
Total Pages : 345 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis European Yearbook of Constitutional Law 2020 by : Ernst Hirsch Ballin

Download or read book European Yearbook of Constitutional Law 2020 written by Ernst Hirsch Ballin and published by Springer Nature. This book was released on 2021-03-27 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals. The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward. Ernst Hirsch Ballin is distinguished university professor at Tilburg University and vice-dean for research of Tilburg Law School. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is lecturer at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore.