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Pluralism And Law State Nation Community Civil Society
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Author :International Association for Philosophy of Law and Social Philosophy. World Congress Publisher :Franz Steiner Verlag ISBN 13 :9783515083621 Total Pages :200 pages Book Rating :4.0/5 (836 download)
Book Synopsis Pluralism and Law: State, nation, community, civil society by : International Association for Philosophy of Law and Social Philosophy. World Congress
Download or read book Pluralism and Law: State, nation, community, civil society written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2003 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents Luigi Ferrajoli: Past and Future of the State under Law u Mauro Zamboni: oRechtsstaato: What is it that Swedish development assistance, organisatons oexporto? u Hans Gribnau: Legal Principles and Legislative Instrumentalism u Maria Jose Falcon y Tella: Justified Illegality: The Question of Civil Disobedience u Hideo Sasakura: How should we discuss the Right of Resistance today? u K. Papageorgiou: Nations, persons, rights and responsibilities u M.N.S. Sellers: The Right to Secede u Stephan Kirste: Constitution and Time u Nicholas Aroney: Towards a General Theory of the Formation and Amendment of Federal Constitutions: A Comparative Study u Adriaan Anderson: Prosecuting Crime in a Constitutional State: The Recent South African Experience u Luis Villar-Borda: The Role of the Constitutional Court in the Advance of Law in a Developing Country u Marcela Forero: Colombia: a Multisovereignty State u Samuli Hurri: What of Tomorrow's Citizenship? Universal and Politics in Hannah Arendt and Jurgen Habermas u Marcelo Campos Galuppo: Constitutional Hermeneutics and Pluralism u Francoise Michaut: Pluralism in Law in Robert Cover's Writings u E. A. Huppes-Cluysenaer: Informal Rules do not Exist u Niels F. van Manen: The legal recognition of distinct communities u Peter Koller: Law and Virtue u Carl Lebeck: Coercion, co-ordination and normativity - towards a refined distinction between positive and negative rights u Sheldon Wein: Moral Pluralism and the Rule of Law.
Book Synopsis Why Associations Matter by : Luke C. Sheahan
Download or read book Why Associations Matter written by Luke C. Sheahan and published by University Press of Kansas. This book was released on 2020-02-26 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Amendment rights are hailed as the hallmark of the US constitutional system, protecting religious liberty, freedom of speech, freedom of the press, and freedom of association. But among these rights, freedom of association holds a tenuous position, as demonstrated in the 2010 Supreme Court ruling in Christian Legal Society v. Martinez, which upheld a public university’s policy requiring groups seeking official recognition to accept all students regardless of their status or beliefs. This demotion of freedom of association has broad ramifications for the constitutional status of voluntary associations in civil society, Luke C. Sheahan suggests. His book offers a cogent explanation of how this came about, why it matters, and what might be done about it. Sheahan’s argument centers upon what he calls the “First Amendment Dichotomy” in the Court’s theoretical framework: an understanding of the state and the individual as the two analytically exclusive units of constitutional analysis. Why Associations Matter traces this dichotomy through Supreme Court jurisprudence culminating in Martinez, revealing a pattern of free association treated only as an individual right of expressive association derived from the Speech Clause alone. Sheahan then draws on the political sociology of Robert Nisbet to make a case for recognizing the social importance of associations and institutions that cannot be reduced to their individual members or subsumed into the state for purposes of constitutional analysis. Translating the sociological qualities of associations into jurisprudential categories, Why Associations Matter provides practical advice for protecting freedom of association through the judiciary and the legislature—and guaranteeing this fundamental right its proper place in American society.
Book Synopsis American Cultural Pluralism and Law by : Jill Norgren
Download or read book American Cultural Pluralism and Law written by Jill Norgren and published by Greenwood. This book was released on 1996 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new and updated edition of Norgren and Nanda's classic text brings their examination of American cultural pluralism and the law up to date through the Clinton administration. While maintaining their emphasis on the concept of cultural diversity as it relates to the law in the United States, new and updated chapters reflect recent relevant court cases bearing on culture, race, gender, and class, with particular attention paid to local and state court opinions. Drawing on court materials, statutes and codes, and legal ethnographies, the text analyzes the ongoing negotiations and accommodations via the mechanism of law between culturally different groups and the larger society. An important text for courses in American government, society and the law, cultural studies, and civil rights.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Book Synopsis Multilevel Democracy by : Jefferey M. Sellers
Download or read book Multilevel Democracy written by Jefferey M. Sellers and published by Cambridge University Press. This book was released on 2020-03-05 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores ways to make democracy work better, with particular focus on the integral role of local institutions.
Book Synopsis Nation and Family by : Narendra Subramanian
Download or read book Nation and Family written by Narendra Subramanian and published by Stanford University Press. This book was released on 2014-04-09 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinct personal laws that govern the major religious groups are a major aspect of Indian multiculturalism and secularism, and support specific gendered rights in family life. Nation and Family is the most comprehensive study to date of the public discourses, processes of social mobilization, legislation and case law that formed India's three major personal law systems, which govern Hindus, Muslims, and Christians. It for the first time systematically compares Indian experiences to those in a wide range of other countries that inherited personal laws specific to religious group, sect, or ethnic group. The book shows why India's postcolonial policy-makers changed the personal laws they inherited less than the rulers of Turkey and Tunisia, but far more than those of Algeria, Syria and Lebanon, and increased women's rights for the most part, contrary to the trend in Pakistan, Iran, Sudan and Nigeria since the 1970s. Subramanian demonstrates that discourses of community and features of state-society relations shape the course of personal law. Ruling elites' discourses about the nation, its cultural groups and its traditions interact with the state-society relations that regimes inherit and the projects of regimes to change their relations with society. These interactions influence the pattern of multiculturalism, the place of religion in public policy and public life, and the forms of regulation of family life. The book shows how the greater engagement of political elites with initiatives among the Hindu majority and the predominant place they gave Hindu motifs in discourses about the nation shaped Indian multiculturalism and secularism, contrary to current understandings. In exploring the significant role of communitarian discourses in shaping state-society relations and public policy, it takes "state-in-society" approaches to comparative politics, political sociology, and legal studies in new directions.
Book Synopsis Sustaining Civil Society by : Philip Oxhorn
Download or read book Sustaining Civil Society written by Philip Oxhorn and published by Penn State Press. This book was released on 2015-08-21 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: “South America is not the poorest continent in the world, but it may very well be the most unjust.” This statement by Ricardo Lagos, then president of Chile, at the Summit of the Americas in January 2004 captures nicely the dilemma that faces Latin American countries in the wake of the transition to democracy that swept across the continent in the last two decades of the twentieth century. While political rights are now available to citizens at unprecedented levels, social and economic rights lag far behind, and the fledgling democracies struggle with long legacies of poverty, inequality, and corruption. Key to understanding what is happening in Latin America today is the relationship between the state and civil society. In this ambitious book, Philip Oxhorn sets forth a theory of civil society adequate for explaining current developments in a way that such controversial neoconservative theories as Francis Fukuyama’s liberal triumphalism or Samuel Huntington’s “clash of civilizations” cannot. Inspired by the rich political sociology of an earlier era and the classic work of T. H. Marshall on citizenship, Oxhorn studies the process by which social groups are incorporated, or not, into national socioeconomic and political development through an approach that focuses on the “social construction of citizenship.”
Book Synopsis American Indians, Time, and the Law by : Charles F. Wilkinson
Download or read book American Indians, Time, and the Law written by Charles F. Wilkinson and published by Yale University Press. This book was released on 1987-01-01 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1959, the Supreme Court ushered in a new era of Indian law, which recognizes Indian tribes as permanent governments within the federal constitutional system and, on the whole, honors old promises to the Indians. Drawing together historical sources such as the records of treaty negotiations with the Indians, classic political theory on the nature of sovereignty, and anthropological studies of societal change, Wilkinson evaluates the Court's work in Indian law over the past twenty five years and considers the effects of time on law.
Book Synopsis Media Freedom and Pluralism by : Beata Klimkiewicz
Download or read book Media Freedom and Pluralism written by Beata Klimkiewicz and published by Central European University Press. This book was released on 2010-05-10 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses a critical analysis of major media policies in the European Union and Council of Europe at the period of profound changes affecting both media environments and use, as well as the logic of media policy-making and reconfiguration of traditional regulatory models. The analytical problem-related approach seems to better reflect a media policy process as an interrelated part of European integration, formation of European citizenship, and exercise of communication rights within the European communicative space. The question of normative expectations is to be compared in this case with media policy rationales, mechanisms of implementation (transposing rules from EU to national levels), and outcomes.
Download or read book Legal Symbolism written by Jiří Přibáň and published by Routledge. This book was released on 2016-04-22 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jirí Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.
Author :International Association for Philosophy of Law and Social Philosophy. World Congress Publisher :Franz Steiner Verlag ISBN 13 :9783515085243 Total Pages :220 pages Book Rating :4.0/5 (852 download)
Book Synopsis Proceedings of the 21st IVR World Congress by : International Association for Philosophy of Law and Social Philosophy. World Congress
Download or read book Proceedings of the 21st IVR World Congress written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2004 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :International Association for Philosophy of Law and Social Philosophy. World Congress Publisher :Franz Steiner Verlag ISBN 13 :9783515087070 Total Pages :204 pages Book Rating :4.0/5 (87 download)
Book Synopsis Epistemology and Ontology by : International Association for Philosophy of Law and Social Philosophy. World Congress
Download or read book Epistemology and Ontology written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2005 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents A. van Aaken: Synthesizing the Best of Two Worlds: A Combination of New Institutional Economics and Deliberative Theories D. Coskun: Law as symbolic form. Ernst Cassirer and the anthropocentric view of law L. De Sutter: How to Get Rid of Legal Theory? L. Garc�a Ruiz: On the Concept of Law and Its Place in the Legal-Philosophical Research N. Intzessiloglou: Socio-semiotic and socio-cybernetic approaches to legal regulation in an interdisciplinary framework L. Kaehler: The indeterminacy of legal indeterminacy M. Mahlmann: Kant's Conception of Practical Reason and the Prospects of Mentalism M. Mahlmann / J. Mikhail: Cognitive Science, Ethics and Law t G. Noll: The Exclusionary Construction of Human Rights in International Law and Political Theory C. Peterson: The Concept of Legal Dogmatics: From Fiction to Fact F. Puppo: Law, authority and freedom in Sophocles' Antigone M. Sandstr�m: The Concept of Legal Dogmatics Revisited B. Schafer: Ontological commitment and the concept of �legal system� in comparative law and legal theory S. Schaumburg-Mueller: Truth, Law, and Human Rights P. Sommaggio: Boethius' definition of persona: a fundamental principle of modern legal thought X. Yu: Human Faculties and Human Societies - A Three Dimensional Cultural Epistemology W. Zaluski: The Concept of Kantian Rationality and Game Theory.
Author :International Association for Philosophy of Law and Social Philosophy. World Congress Publisher :Franz Steiner Verlag ISBN 13 :9783515084833 Total Pages :228 pages Book Rating :4.0/5 (848 download)
Book Synopsis Proceedings of the 21st IVR World Congress, Lund, Sweden, 12-17 August, 2003: Justice by : International Association for Philosophy of Law and Social Philosophy. World Congress
Download or read book Proceedings of the 21st IVR World Congress, Lund, Sweden, 12-17 August, 2003: Justice written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected Articles B. McLachlin: Imagining the Other: Legal Rights and Diversity in the Modern World A. R. Bernstein: Rawls' Law of Peoples on Just War, Human Rights and Toleration C. Brown: Decent Peoples, Outlaw States, Burdened Societies Kok-chor Tan: Nationalism and Cosmopolitanism in The Law of Peoples A. Macleod: Rawls on Human Rights D. A. Reidy: Rawls on Global Economic Justice I. Trujillo: How Can the International Duty of Assistance Be Justified F. J. Blazques Ruiz: Derechos humanos, Globalizacion, Migraciones J. A Baker: The Conceptual Geography of Restorative Justice H. Khatchadourian: Compensation & Reparation as Forms of Compensatory Justice R. Madrid: Deconstruction and Universality of Law B. Bravo Lira: Fortdauer und Problematik des Rechtsstaats in Iberoamerika R. Tamayo: Rights, Distribution, and Access to Justice I. B. Flores: Assessing Democracy and Rule of Law: Access to Justice R. Vazquez: On Equality and Education S. Morimura: The Nature of Obligation to Future Generations F. Fernandez-Creuhet Lopez: Good Practice: a Critical View M. J. Falcon y Tella: The Presumption of Innocence and Civil Disobedience C. B. Gray: Two Visions of Equality a.o.
Book Synopsis Universal Minority Rights? by : Yasutomo Morigiwa
Download or read book Universal Minority Rights? written by Yasutomo Morigiwa and published by Franz Steiner Verlag. This book was released on 2004 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Proceedings of the fifth Kobe lectures, Tokyo and Kyoto, December 1998."--T.p.
Book Synopsis Confident Pluralism by : John D. Inazu
Download or read book Confident Pluralism written by John D. Inazu and published by University of Chicago Press. This book was released on 2018-08-03 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the three years since Donald Trump first announced his plans to run for president, the United States seems to become more dramatically polarized and divided with each passing month. There are seemingly irresolvable differences in the beliefs, values, and identities of citizens across the country that too often play out in our legal system in clashes on a range of topics such as the tensions between law enforcement and minority communities. How can we possibly argue for civic aspirations like tolerance, humility, and patience in our current moment? In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—strive to live together peaceably despite our deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties and differing viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but also lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion. With a new preface that addresses the election of Donald Trump, the decline in civic discourse after the election, the Nazi march in Charlottesville, and more, this new edition of Confident Pluralism is an essential clarion call during one of the most troubled times in US history. Inazu argues for institutions that can work to bring people together as well as political institutions that will defend the unprotected. Confident Pluralism offers a refreshing argument for how the legal system can protect peoples’ personal beliefs and differences and provides a path forward to a healthier future of tolerance, humility, and patience.
Download or read book Sites of Pluralism written by Firat Oruc and published by Oxford University Press, USA. This book was released on 2019-05-15 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars and policymakers, struggling to make sense of the ongoing chaos in the Middle East, have been focusing on the possible causes of the escalation in both inter-state and intra-state conflict. But the Arab Spring has shown the urgent need for new ways to frame difference, both practically and theoretically. Within some policy circles, at the heart of these conflicts lies a fundamental incompatibility between different ethno-linguistic and religious communities; it is held that these divisions impede any form of political resolution or social cohesion. Yet, despite this galvanized public focus on pluralism and 'minorities' within the turbulent Middle East, there has been limited scholarship exploring these tensions. Sites of Pluralism fills this significant gap, going beyond a narrow focus on minority politics to examine the larger canvas of community spheres in the Middle East. Through eight case studies from esteemed experts in law, education, history, architecture, anthropology and political science, this multi-disciplinary volume offers a critical view of the Middle East's diverse, pluralistic fabric: how it has evolved throughout history; how it influences current political, economic and social dynamics; and what possibilities it offers for the future.
Book Synopsis Global Legal Pluralism by : Paul Schiff Berman
Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
