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Book Synopsis Emancipation, Democracy and the Modern Critique of Law by : Mikael Spång
Download or read book Emancipation, Democracy and the Modern Critique of Law written by Mikael Spång and published by Springer. This book was released on 2017-08-08 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Jürgen Habermas’ theorising on law, rights and democracy in light of the modern critique of law. The latter tradition, which goes back to Hegel and Marx, has addressed the limitations of rights as vocabulary of emancipation and law as language of autonomy. Since Habermas claims that his reconstruction of private and public autonomy has an emancipatory aim, the author has chosen to discuss it in the context of the modern critique of law. More specifically, the study addresses the need to consider the dialectic of law, in which law is both a condition for emancipation and domination, when discussing what law and rights permit. It will appeal to students and scholars across the fields of political theory, law and legal criticism, as well as sociology and sociology of law.
Author :Boaventura de Sousa Santos Publisher :Cambridge University Press ISBN 13 :9780406949974 Total Pages :596 pages Book Rating :4.9/5 (499 download)
Book Synopsis Toward a New Legal Common Sense by : Boaventura de Sousa Santos
Download or read book Toward a New Legal Common Sense written by Boaventura de Sousa Santos and published by Cambridge University Press. This book was released on 2002-09 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: The text emphasises a need for reconstruction of legality based on locality, nationality and globality.
Book Synopsis Toward a New Legal Common Sense by : Boaventura de Sousa Santos
Download or read book Toward a New Legal Common Sense written by Boaventura de Sousa Santos and published by Cambridge University Press. This book was released on 2020-10-01 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paradigmatic transition is the idea that ours is a time of transition between the paradigm of modernity, which seems to have exhausted its regenerating capacities, and another, emergent time, of which so far we have seen only signs. Modernity as an ambitious and revolutionary sociocultural paradigm based on a dynamic tension between social regulation and social emancipation, the prevalent dynamic in the sixteenth century, has by the twenty-first century tilted in favour of regulation, to the determent of emancipation. The collapse of emancipation into regulation, and hence the impossibility of thinking about social emancipation consistently, symbolizes the exhaustion of the paradigm of modernity. At the same time, it signals the emergence of a new paradigm or new paradigms. This updated 2020 edition is written for students taking law and globalization courses, and political science, philosophy and sociology students doing optional subjects.
Book Synopsis Democracy, Federalism, the European Revolution, and Global Governance by : Andrea Bosco
Download or read book Democracy, Federalism, the European Revolution, and Global Governance written by Andrea Bosco and published by Cambridge Scholars Publishing. This book was released on 2020-06-10 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is facing today the greatest crisis since its creation. Brexit could mean not only the reversal of its steady enlargement—from 6 to 28 member states—but also the beginning of an inexorable decline leading to its disintegration. However, few today seem to recollect that it was precisely the British who were the first to promulgate the political culture which inspired the European Union’s construction—democracy and federalism—and the first who tried to realise, in June 1940, a European federation on the basis of an Anglo-French union. This volume traces the fundamental stages of the European unification process, placing it in relation to the wider process of world economic and political integration. In particular, it analyses the historical significance of the European Revolution, which is identified in the overcoming of the nation state—namely the modern political formula which institutionalised the political division of mankind—and the birth of the first truly international state. The universal historical significance of the European Revolution lies in its exportability—as for the other great European revolutions—and, therefore, its potential as progressively extensible to all the states of the planet. Europe was indeed the first region of the world where the barriers between national states fell, and a post-national political identity emerged, complementary to national political identities. It is, in fact, in the context of the European Union that democracy beyond the borders of the nation state has first been realized, constituting a guiding principle for global governance.
Book Synopsis Reparations and War by : Luke Moffett
Download or read book Reparations and War written by Luke Moffett and published by Oxford University Press. This book was released on 2023-01-13 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: War devastates the lives of those who are caught up in it. For thousands of years, reparations have been used to secure the end of war and alleviate its deleterious consequences. More recently, human rights law has established that victims have a right to reparations. Yet, in the face of conflicts that last for decades with millions of victims, how feasible are reparations? And what are the obstacles to delivering them? Using interviews with hundreds of victims, ex-combatants, government officials, and civil society actors from six post-conflict countries, Reparations and War examines the history, theoretical justifications, and practical challenges of implementing reparations after war. It examines the role of non-state armed groups in making reparations, the role of victim mobilisation, the evolving use of reparations, and the political instrumentalization of redress. Luke Moffett offers a measured and honest account of what reparations can and cannot do. This book sheds new light on how reparations can be politically manipulated, or used to reward those loyal to the State, rather than to achieve justice for the victims who suffer.
Book Synopsis Handbook on Society and Social Policy by : Nicholas Ellison
Download or read book Handbook on Society and Social Policy written by Nicholas Ellison and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook provides a unique overview of the key issues and challenges facing society and social policy in the twenty-first century, discussing how welfare is conceptualised, organised and delivered in contemporary global society. Chapters engage with specific areas of social policy as well as with the social divisions and institutional infrastructures that underpin them. The Handbook also considers how social policy should respond to the challenges posed by austerity, human migration and the climate crisis.
Book Synopsis Democracy and the Rule of Law by : Bob Fine
Download or read book Democracy and the Rule of Law written by Bob Fine and published by . This book was released on 1984 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking work, Professor Fine explores afresh the relationship between jurisprudence, Marx, and Marxism. Originally published in 1984, this book contains a new Preface relating the original text to current political and intellectual debates. (Legal Reference)
Book Synopsis Democracy and Legal Change by : Melissa Schwartzberg
Download or read book Democracy and Legal Change written by Melissa Schwartzberg and published by Cambridge University Press. This book was released on 2007-04-09 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the use of 'entrenchment clauses' to protect key constitutional provisions from revision, Schwartzberg seeks to demonstrate historically the strategic and even unjust purposes unamendable laws have typically served, and to highlight the regrettable consequences that entrenchment may have for democracies today. Drawing on historical evidence, classical political theory, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points.
Book Synopsis Critical Perspectives on Democracy by : Lyman Howard Legters
Download or read book Critical Perspectives on Democracy written by Lyman Howard Legters and published by Rowman & Littlefield. This book was released on 1994 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to Critical Perspectives on Democracy suggest that there are ways of looking at democracy that go beyond the registration of preference among the existing available options for the governance of a society. They all begin by taking seriously the defining property of democracy, self-governance, and the rules and institutional forms required to effectuate democracy. They collectively enjoin the perspective that democratic theorists need to inform their empirical enterprise with elaborations of the normative bases--equal concern and respect for persons, the values of community and citizenship, the satisfaction of human interests--of democratic politics.
Book Synopsis The Critical Legal Studies Movement by : Roberto Mangabeira Unger
Download or read book The Critical Legal Studies Movement written by Roberto Mangabeira Unger and published by Verso Books. This book was released on 2015-03-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is happening now and what should happen next in legal thought.
Book Synopsis The State and the Rule of Law by : Blandine Kriegel
Download or read book The State and the Rule of Law written by Blandine Kriegel and published by Princeton University Press. This book was released on 1995-10-16 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blandine Kriegel, at one time a collaborator with Michel Foucault, is one of France's foremost political theorists. This translation of her celebrated work L'Etat et les esclaves makes available for English-speaking readers her impassioned defense of the state. Published in France in 1979 and republished in 1989, this work challenged not only the anti-statism of the 1960s but also generations of romanticism in politics that, in Kriegel's view, inadvertently threatened the cause of liberty by refusing to distinguish between the despotic and the lawful state. In a work that addresses the urgent concerns of Europe and the contemporary world as a whole, Kriegel examines the background of modern liberal democracy in the late seventeenth and eighteenth centuries and argues cogently for the future of constitutional social-democracy. She maintains, among other positions, that European liberal democracies would have been impossible without the political basis provided by the lawful state first developed by monarchies. She also shows that early modern centralized states became liberal insofar as they developed a centralized legal system, rather than a centralized administration. In developing these ideas, she presents a picture of the state as a major force for human liberty.
Book Synopsis Human Rights, Equality and Democratic Renewal in Northern Ireland by : Colin Harvey
Download or read book Human Rights, Equality and Democratic Renewal in Northern Ireland written by Colin Harvey and published by Hart Publishing. This book was released on 2001-03 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Good Friday Agreement of 1998 (or Belfast Agreement) promises the people of Northern Ireland a fresh start underpinned by guarantees on human rights, equality, and participation. Scholars from Ireland and England examine developments in Northern Ireland stemming from the Agreement and identify key themes in the current law and politics of Northern Ireland. Topics discussed include Northern Ireland and the European Union, the role of the Northern Ireland Human Rights Commission, and policing in Northern Ireland. Harvey teaches constitutional and human rights law at the University of Leeds. Distributed by ISBS. c. Book News Inc.
Book Synopsis Political Theory in Modern Germany by : Chris Thornhill
Download or read book Political Theory in Modern Germany written by Chris Thornhill and published by John Wiley & Sons. This book was released on 2013-06-10 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible and comprehensive introduction to the major political thinkers of modern Germany. It includes chapters on the works of Max Weber, Carl Schmitt, Franz Neumann, Otto Kirchheimer, Jurgen Habermas and Niklas Luhmann. These works are examined in their social and historical contexts, ranging from the period of Bismarck to the present day. A clear picture is presented of the connections between individual theoretical positions and the general political conditions of modern Germany. Areas of political history covered in particular depth include nineteenth-century legal and parliamentary history, aspects of German liberalism, Weimar social democracy, political Catholicism, Adenauer and Erhard, Brandt's reforms and the Tendenzwende of the late 1970s. By closely linking intellectual and political history, this work examines how recent German political theory has developed as a set of varying responses to recurring aspects and problems of political life in modern Germany. At the same time, it addresses the philosophical and political implications of the works which it treats, and it critically examines how modern German political theory has contributed to broader attempts to theorize political legitimacy and politics itself. This book will be of interest to students of political theory, German studies and European political history.
Book Synopsis Law, Order and Freedom by : C.W. Maris
Download or read book Law, Order and Freedom written by C.W. Maris and published by Springer Science & Business Media. This book was released on 2011-09-08 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central question in legal philosophy is the relationship between law and morality. The legal systems of many countries around the world have been influenced by the principles of the Enlightenment: freedom, equality and fraternity. The position is similar in relation to the accompanying state ideal of the democratic constitutional state as well as the notion of a welfare state. The foundation of these principles lies in the ideal of individual autonomy. The law must in this view guarantee a social order which secures the equal freedom of all. This freedom is moreover fundamental because in modern pluralistic societies a great diversity of views exist concerning the appropriate way of life. This freedom ideal is however also strongly contested. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.
Book Synopsis Judicial Review and Contemporary Democratic Theory by : Scott E. Lemieux
Download or read book Judicial Review and Contemporary Democratic Theory written by Scott E. Lemieux and published by Routledge. This book was released on 2017-11-03 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.
Book Synopsis Critical Theory of Legal Revolutions by : Hauke Brunkhorst
Download or read book Critical Theory of Legal Revolutions written by Hauke Brunkhorst and published by Bloomsbury Publishing USA. This book was released on 2014-06-19 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique work analyzes the crisis in modern society, building on the ideas of the Frankfurt School thinkers. Emphasizing social evolution and learning processes, it argues that crisis is mediated by social class conflicts and collective learning, the results of which are embodied in constitutional and public law. First, the work outlines a new categorical framework of critical theory in which it is conceived as a theory of crisis. It shows that the Marxist focus on economy and on class struggle is too narrow to deal with the range of social conflicts within modern society, and posits that a crisis of legitimization is at the core of all crises. It then discusses the dialectic of revolutionary and evolutionary developmental processes of modern society and its legal system. This volume in the Critical Theory and Contemporary Society by a leading scholar in the field provides a new approach to critical theory that will appeal to anyone studying political sociology, political theory, and law.
Book Synopsis The Dialectics of Democracy by : Dimitrios Kivotidis
Download or read book The Dialectics of Democracy written by Dimitrios Kivotidis and published by Taylor & Francis. This book was released on 2024-03-05 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the democratic form and the struggle for democracy reflects, influences and shapes the struggle for social emancipation. In the context of increased exploitation, rising inequality, and intensified struggle for social justice in the aftermath of the economic crisis, the channelling of populism through liberal democratic institutions has had contradictory effects: giving rise to both Corbyn and Brexit, Sanders and Trump, Syriza and the Golden Dawn, to name but a few. How can we make sense of these developments? In response, this book approaches the idea of democracy from a socialist constitutionalist standpoint and explores institutional forms and principles that challenge and aim at the transformation of the extant social order. This process involves the challenging of well-established ideas of the liberal viewpoint, as well as an unwavering focus on the issue of class rule which enables the highlighting of limitations of -not only mainstream but also heterodox- contemporary approaches to constitutionalism and democracy. Ultimately, democracy is conceived as a process of struggle for creating the conditions, material as well as intellectual, for its actualisation. This significant work of legal and political theory will be of considerable interest to those working in these areas to make sense of contemporary developments, and to further the causes of social justice and social emancipation.
