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Law Justice Democracy And The Clash Of Cultures
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Book Synopsis Law, Justice, Democracy, and the Clash of Cultures by : Michel Rosenfeld
Download or read book Law, Justice, Democracy, and the Clash of Cultures written by Michel Rosenfeld and published by Cambridge University Press. This book was released on 2011-09-26 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas and Derrida and with several subjects that are at the center of current controversies.
Book Synopsis Competences for democratic culture by : Council of Europe
Download or read book Competences for democratic culture written by Council of Europe and published by Council of Europe. This book was released on 2016-04-04 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new Council of Europe reference framework of competences for democratic culture! Contemporary societies within Europe face many challenges, including declining levels of voter turnout in elections, increased distrust of politicians, high levels of hate crime, intolerance and prejudice towards minority ethnic and religious groups, and increasing levels of support for violent extremism. These challenges threaten the legitimacy of democratic institutions and peaceful co-existence within Europe. Formal education is a vital tool that can be used to tackle these challenges. Appropriate educational input and practices can boost democratic engagement, reduce intolerance and prejudice, and decrease support for violent extremism. However, to achieve these goals, educationists need a clear understanding of the democratic competences that should be targeted by the curriculum. This book presents a new conceptual model of the competences which citizens require to participate in democratic culture and live peacefully together with others in culturally diverse societies. The model is the product of intensive work over a two-year period, and has been strongly endorsed in an international consultation with leading educational experts. The book describes the competence model in detail, together with the methods used to develop it. The model provides a robust conceptual foundation for the future development of curricula, pedagogies and assessments in democratic citizenship and human rights education. Its application will enable educational systems to be harnessed effectively for the preparation of students for life as engaged and tolerant democratic citizens. The book forms the first component of a new Council of Europe reference framework of competences for democratic culture. It is vital reading for all educational policy makers and practitioners who work in the fields of education for democratic citizenship, human rights education and intercultural education.
Book Synopsis The Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification by : Ester Herlin-Karnell
Download or read book The Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification written by Ester Herlin-Karnell and published by Bloomsbury Publishing. This book was released on 2019-04-18 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.
Book Synopsis Administering Interpretation by : Peter Goodrich
Download or read book Administering Interpretation written by Peter Goodrich and published by Fordham Univ Press. This book was released on 2019-05-21 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the translation and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake. Contributors: Giovanna Borradori, Marinos Diamantides, Allen Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter, Katrin Trüstedt, Marco Wan
Book Synopsis Pluralism, Pragmatism and American Democracy by : H.G. Callaway
Download or read book Pluralism, Pragmatism and American Democracy written by H.G. Callaway and published by Cambridge Scholars Publishing. This book was released on 2017-06-23 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the author’s many and varied contributions to the revival and re-evaluation of American pragmatism. The assembled critical perspective on contemporary pragmatism in philosophy emphasizes the American tradition of cultural pluralism and the requirements of American democracy. Based partly on a survey of the literature on interest-group pluralism and critical perspectives on the politics of globalization, the monograph argues for reasoned caution concerning the practical effects of the revival. Undercurrents of “vulgar pragmatism” including both moral and epistemic relativism threaten the intellectual and moral integrity of American thought – and have contributed to the present sense of political crisis. The text chiefly contributes to the evaluation of the contemporary influence of the philosophy of John Dewey (1859–1952) and his late development of the classical pragmatist tradition. In comparison to Ralph Waldo Emerson (1803–1882), William James (1842–1910), and earlier currents of American thought, Dewey’s philosophy, dominated by its overall emphasis on unification, is weaker in its support for the pluralism of cultural and religious contributions which have lent moral self-restraint to American policy and politics, both foreign and domestic. With all due homage to Dewey’s conception of philosophy, centered on human problems and the need for our ameliorative efforts, the argument is that in the contemporary revival, Dewey’s thought has been too often captured by “post-modernist” bandwagons of self-promotion and institutional control. This work defends democratic individualism against more collectivist and corporatist tendencies in contemporary neo-pragmatism, and it draws upon up-to-date political analysis in defense of America’s long republican tradition. Pragmatism will not and cannot be removed from, or ignored, in American intellectual and moral history; and its influence on disciplines from law to politics, sociology and literary criticism has been immense. However, pragmatism has often been weak in commitment to cultural pluralism and in its accounts of truth.
Book Synopsis Handbook on Global Constitutionalism by : Anthony F. Lang
Download or read book Handbook on Global Constitutionalism written by Anthony F. Lang and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly revised Handbook presents an up-to-date political and philosophical history of global constitutionalism. By exploring the constitutional-like qualities of international affairs, it provides key insight into the evolving world order.
Book Synopsis The Story of Constitutions by : Wim Voermans
Download or read book The Story of Constitutions written by Wim Voermans and published by Cambridge University Press. This book was released on 2023-09-30 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wim Voermans traces the surprising story of constitutions since the agricultural revolution of c.10,000 B.C. Adopting a multi-disciplinary approach, Voermans shows how human evolution, human nature and the history of thought have all played their part in shaping modern constitutions, and how, in turn, constitutions have shaped our societies.
Book Synopsis Rights-Based Constitutional Review by : John Bell
Download or read book Rights-Based Constitutional Review written by John Bell and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.
Book Synopsis The Conscience Wars by : Susanna Mancini
Download or read book The Conscience Wars written by Susanna Mancini and published by Cambridge University Press. This book was released on 2018-07-05 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Professors Mancini and Rosenfeld have brought together an impressive group of authors to provide a comprehensive analysis on the greater demand for religions exemptions to government mandates. Traditional religious conscientious objection cases, such as refusal to salute the flag or to serve in the military during war, had a diffused effect throughout society. In sharp contrast, these authors argue that today's most notorious objections impinge on the rights of others, targeting practices like abortion, LGTBQ adoption, and same-sex marriage. The dramatic expansion of conscientious objection claims have revolutionized the battle between religious traditionalists and secular civil libertarians, raising novel political, legal, constitutional and philosophical challenges. Highlighting the intersection between conscientious objections, religious liberty, and the equality of women and sexual minorities, this volume showcases this political debate and the principal jurisprudence from different parts of the world and emphasizes the little known international social movements that compete globally to alter the debate's terms.
Book Synopsis Constitutions and Religion by : Susanna Mancini
Download or read book Constitutions and Religion written by Susanna Mancini and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions and Religion is the first major reference work in the emerging field of comparative constitutional law and religion. It offers a nuanced array of perspectives on various models for the treatment of religion in domestic and supranational legal orders.
Book Synopsis The Asian Yearbook of Human Rights and Humanitarian Law by :
Download or read book The Asian Yearbook of Human Rights and Humanitarian Law written by and published by BRILL. This book was released on 2020-07-27 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 4 is India and Human Rights.
Book Synopsis The Cambridge Companion to Comparative Constitutional Law by : Roger Masterman
Download or read book The Cambridge Companion to Comparative Constitutional Law written by Roger Masterman and published by Cambridge University Press. This book was released on 2019-10-03 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the purpose of comparative constitutional law? Comparing constitutions allows us to consider the similarities and differences in forms of government, and the normative philosophies behind constitutional choices. Constitutional comparisons offer 'hermeneutic' help: they enable us to see 'our' own constitution with different eyes and to locate its structural and normative choices by references to alternatives evident in other constitutional orders. This Cambridge Companion presents readers with a succinct yet wide-ranging companion to a modern comparative constitutional law course, offering a wide-ranging yet concise introduction to the subject. Its twenty-two chapters are arranged into five thematic parts: starting with an exploration of the 'theoretical foundations' (Part I) and some important 'historical experiences' (Part II), it moves on to a discussion of the core 'constitutional principles' (Part III) and 'state institutions' (Part IV); finally it analyses forms of 'transnational' constitutionalism (Part V) that have emerged in our 'global' times.
Book Synopsis Constitutional Secularism in an Age of Religious Revival by : Susanna Mancini
Download or read book Constitutional Secularism in an Age of Religious Revival written by Susanna Mancini and published by OUP Oxford. This book was released on 2014-01-30 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global movement of culture and religion has brought about a serious challenge to traditional constitutional secularism. This challenge comes in the form of a political and institutional struggle against secular constitutionalism, and a two pronged assault on the very legitimacy and viability of the concept. On the one hand, constitutional secularism has been attacked as inherently hostile rather than neutral toward religion; and, on the other hand, constitutional secularism has been criticized as inevitably favouring one religion (or set of religions) over others. The contributors to this book come from a variety of different disciplines including law, anthropology, history, philosophy and political theory. They provide accounts of, and explanations for, present predicaments; critiques of contemporary institutional, political and cultural arrangements, justifications and practices; and suggestions with a view to overcoming or circumventing several of the seemingly intractable or insurmountable current controversies and deadlocks. The book is separated in to five parts. Part I provides theoretical perspectives on the present day conflicts between secularism and religion. Part II focuses on the relationship between religion, secularism and the public sphere. Part III examines the nexus between religion, secularism and women's equality. Part IV concentrates on religious perspectives on constraints on, and accommodations of, religion within the precincts of the liberal state. Finally, Part V zeroes in on conflicts between religion and secularism in specific contexts, namely education and freedom of speech.
Book Synopsis The Rule of Unwritten International Law by : Peter G. Staubach
Download or read book The Rule of Unwritten International Law written by Peter G. Staubach and published by Routledge. This book was released on 2018-04-17 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to re-appreciate the concept of customary international law as a form of spontaneous societal self-organisation, and to develop the methodological consequences that ensue from this conception for the practice of its application. In pursuing this aim, the author draws from three different strands of scholarship that have not yet been considered in connection with one another: First, general jurisprudential theories of customary law; second, theories of customary international law, especially as they relate to international relations scholarship; and third, methodological approaches to the interpretation of international law. This expansive, philosophical layout of the book enables the author to put the conceptual enigmas of customary international law into a broader perspective. Among the issues discussed in the book are the dichotomy of its traditional and modern forms and the respective benefits and disadvantages of inductive and deductive approaches to its ascertainment. In the course of this analysis, the author draws insights from Friedrich August Hayek’s theory of law as a ‘spontaneous order’, an information-processing device which enables the participants of a legal system to make use of decentralised knowledge. The book argues that the major advantage of custom as a source of international law lies in the fact that it is the result of a gradual process of trial and error, rather than the product of deliberate planning. This makes it a particularly apposite source of law in a time of seismic shifts in the distribution of power within a vastly diverse community of States, when a new global order is expected to emerge, the contours of which are not yet clearly discernible. This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, scholars of international relations and all those interested in how the international community of States organises itself.
Book Synopsis The Rorty-Habermas Debate by : Marcin Kilanowski
Download or read book The Rorty-Habermas Debate written by Marcin Kilanowski and published by State University of New York Press. This book was released on 2021-05-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rorty-Habermas debate has been written on widely, but a full treatment of its importance had to wait until now. We have some historical distance from this exchange, which extended over three decades, and which touches upon the central concerns of numerous fields of study and of social organization. From law, to politics, to philosophy and communication theory, and including the basics of action, these two towering figures compare their forms of pragmatism. Marcin Kilanowski sets the debate in its historical and multilayered context, comparing it with criticism and commentary from his own viewpoint and from that of other important thinkers who observed and participated in the famous exchange. This book not only provides background in the history of philosophy for a general reader but also will be useful to those who need an abbreviated narrative and compendium of relevant sources for their own thinking and research. Kilanowski shows the points of convergence between Rorty and Habermas, and also examines the meaning of the outcome of their long exchange. Does the result get us any closer to a viable idea of freedom? Of responsibility? The book suggests some answers to these and other related questions.
Book Synopsis Judicial Power by : Christine Landfried
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Book Synopsis The Clash Within by : Martha NUSSBAUM
Download or read book The Clash Within written by Martha NUSSBAUM and published by Harvard University Press. This book was released on 2009-06-30 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: While America is focused on religious militancy and terrorism in the Middle East, democracy has been under siege from religious extremism in another critical part of the world. As Nussbaum reveals in this penetrating look at India today, the forces of the Hindu right pose a disturbing threat to its democratic traditions and secular state. Nussbaum's long-standing professional relationship with India makes her an excellent guide to its recent history.
