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Author : Mireille Delmas-Marty
Publisher :
ISBN 13 : 9782021151824
Total Pages : 0 pages
Book Rating : 4.1/5 (518 download)
Download or read book LE PLURALISME ORDONNE;LES FORCES IMAGINANTES DU DROIT (II) written by Mireille Delmas-Marty and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mireille Delmas-Marty
Publisher :
ISBN 13 :
Total Pages : 303 pages
Book Rating : 4.:/5 (489 download)
Download or read book Le pluralisme ordonné written by Mireille Delmas-Marty and published by . This book was released on 2006 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mireille Delmas-Marty
Publisher : Média Diffusion
ISBN 13 : 2021009009
Total Pages : 301 pages
Book Rating : 4.0/5 (21 download)
Download or read book Le Pluralisme ordonné. Les Forces imaginantes du droit, 2 written by Mireille Delmas-Marty and published by Média Diffusion. This book was released on 2009-10-01T00:00:00+02:00 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: La couleur des idées Crise européenne, enlisement des réformes onusiennes, difficultés à mettre en place le protocole de Kyoto ou la Cour pénale internationale, tensions entre droits de l'homme et droit du commerce : le paysage juridique de ce début du XXIe siècle est dominé par l'imprécis, l'incertain, l'instable. Nous sommes à l'ère du grand désordre : celui d'un monde tout à la fois fragmenté à l'excès par une mondialisation anarchique et trop vite unifié par une intégration hégémonique, dans le silence du marché et le fracas des armes. Comment y construire un ordre sans l'imposer, comment, par-delà le relatif et l'universel, admettre le pluralisme sans renoncer à un droit partagé ? Ni fusion utopique ni autonomie illusoire, le " pluralisme ordonné ", véritable révolution épistémologique, est l'art de dessiner un espace juridique commun, par un équilibrage progressif qui préserve la diversité du monde et en accompagne le mouvement. Car les forces imaginantes du droit doivent pouvoir, à défaut d'instaurer un ordre immuable, inventer une harmonisation souple, propre à laisser espérer la refondation de valeurs communes.
Author : Sara Paiusco
Publisher : Nomos Verlag
ISBN 13 : 3748922760
Total Pages : 492 pages
Book Rating : 4.7/5 (489 download)
Download or read book Nullum Crimen Sine Lege, the European Convention on Human Rights and the Foreseeability of the Law written by Sara Paiusco and published by Nomos Verlag. This book was released on 2021-06-17 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Das Buch untersucht nullum crimen sine lege als europäischen Grundsatz. Die Untersuchung konzentriert sich auf die Rolle der Vorhersehbarkeit als Lösung für die Legalitätsprobleme, die sich aus dem Richterrecht im Strafrecht ergeben. Die Vorhersehbarkeit und seine Entwicklung werden in der Rechtsprechung des EGMR untersucht. Aktuelle Lösungen, die von Zivilrechtsstaaten (Italien und Deutschland) angenommen wurden, werden auch unter Berücksichtigung der theoretischen Grundlagen von ncsl analysiert. Darüber hinaus wird die Rolle der Vorhersehbarkeit im EU-Recht als Beispiel für eine wirkungsorientierte Rechtsordnung betrachtet. Abschließend werden Zukunftsperspektiven für die Umsetzung der Vorhersehbarkeit analysiert.
Author : Alberto Febbrajo
Publisher : Routledge
ISBN 13 : 1317052927
Total Pages : 476 pages
Book Rating : 4.3/5 (17 download)
Download or read book Sociology of Constitutions written by Alberto Febbrajo and published by Routledge. This book was released on 2016-05-05 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.
Author : René Provost
Publisher : Springer Science & Business Media
ISBN 13 : 9400747101
Total Pages : 293 pages
Book Rating : 4.4/5 (7 download)
Download or read book Dialogues on Human Rights and Legal Pluralism written by René Provost and published by Springer Science & Business Media. This book was released on 2012-08-10 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
Author : Emanuela Fronza
Publisher : Springer
ISBN 13 : 9462652341
Total Pages : 246 pages
Book Rating : 4.4/5 (626 download)
Download or read book Memory and Punishment written by Emanuela Fronza and published by Springer. This book was released on 2018-02-27 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).
Author : Marcelo Dias Varella
Publisher : Springer
ISBN 13 : 3642541631
Total Pages : 354 pages
Book Rating : 4.6/5 (425 download)
Download or read book Internationalization of Law written by Marcelo Dias Varella and published by Springer. This book was released on 2014-06-17 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.
Author :
Publisher : Odile Jacob
ISBN 13 : 2738178634
Total Pages : 315 pages
Book Rating : 4.7/5 (381 download)
Download or read book written by and published by Odile Jacob. This book was released on with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mikaël Schinazi
Publisher : Cambridge University Press
ISBN 13 : 1108871747
Total Pages : 385 pages
Book Rating : 4.1/5 (88 download)
Download or read book The Three Ages of International Commercial Arbitration written by Mikaël Schinazi and published by Cambridge University Press. This book was released on 2021-12-16 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique history of modern international commercial arbitration theory and practice, this book draws on a wide range of sources from the eighteenth century to the present. It sets out the origins and evolution of the modern regime of international arbitration, the International Chamber of Commerce and current controversies.
Author : Emmanuel Roucounas
Publisher : BRILL
ISBN 13 : 9004385363
Total Pages : 731 pages
Book Rating : 4.0/5 (43 download)
Download or read book A Landscape of Contemporary Theories of International Law written by Emmanuel Roucounas and published by BRILL. This book was released on 2019-09-16 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and examines how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.
Author : Luis I Gordillo
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319335
Total Pages : 410 pages
Book Rating : 4.8/5 (473 download)
Download or read book Interlocking Constitutions written by Luis I Gordillo and published by Bloomsbury Publishing. This book was released on 2012-04-25 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.
Author : Peter Kemp
Publisher : LIT Verlag Münster
ISBN 13 : 364390682X
Total Pages : 278 pages
Book Rating : 4.6/5 (439 download)
Download or read book Ethics and Politics written by Peter Kemp and published by LIT Verlag Münster. This book was released on 2015 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main theme of volume 4 of Eco-ethica is Ethics and Politics. In the first and second part, the authors examine the sometimes conflictual relationship between ethics and politics from an eco-ethical perspective. They investigate how our conceptions of both ethics and politics have been shaped historically as well as by today's technological conjuncture. The third part continues the discussion of French philosopher Paul Ricoeur (1913 - 2005) begun in volume 3. The essays here focus on how his conception of the connections and differences between ethics and politics led him to embrace certain paradoxes in politics and forced him to become suspicious of apolitical thinking.
Author : Bruno Perreau
Publisher : MIT Press
ISBN 13 : 0262323397
Total Pages : 237 pages
Book Rating : 4.2/5 (623 download)
Download or read book The Politics of Adoption written by Bruno Perreau and published by MIT Press. This book was released on 2014-05-02 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument that French adoption policies reflect and enforce the state's notions of gender, parenthood, and citizenship. In May 2013, after months of controversy, France legalized same-sex marriage and adoption by homosexual couples. Obstacles to adoption and parenting equality remain, however—many of them in the form of cultural and political norms reflected and expressed in French adoption policies. In The Politics of Adoption, Bruno Perreau describes the evolution of these policies. In the past thirty years, Perreau explains, political and intellectual life in France have been dominated by debates over how to preserve “Frenchness,” and these debates have driven policy making. Adoption policies, he argues, link adoption to citizenship, reflecting and enforcing the postcolonial state's notions of parenthood, gender, and Frenchness. After reviewing the complex history of adoption, Perreau examines French political debates over adoption, noting, among other things, that intercountry adoptions stirred far less controversy than the difference between the sexes in an adopting couple. He also discusses judicial action on adoption; child welfare agencies as gatekeepers to parenthood (as defined by experts); the approval process from the viewpoints of social workers and applicants; and adoption's link to citizenship, and its use as a metaphor for belonging. Adopting a Foucaultian perspective, Perreau calls the biopolitics of adoption “pastoral”: it manages the individual for the good of the collective “flock”; it considers itself outside politics; and it considers not so much the real behavior of individuals as an allegorical representation of them. His argument sheds new light on American debates on bioethics, identity, and citizenship.
Author : Giuseppe Martinico
Publisher : Routledge
ISBN 13 : 0415688191
Total Pages : 210 pages
Book Rating : 4.4/5 (156 download)
Download or read book The Tangled Complexity of the EU Constitutional Process written by Giuseppe Martinico and published by Routledge. This book was released on 2013 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite, or perhaps because of, the rejection of the EU Constitutional Treaty eventually leading to the adoption of the Lisbon Treaty, the debates concerning the European Union's constitutional framework continue. This book builds on the discourse in European Union constitutionalism in order to offer a novel analysis of the EU's constitutional developments. The book considers the constitutional trends of the process of EU integration before applying a transdisciplinary concept of complexity developed in the work of Edgar Morin to the EU. In doing this Giuseppe Martinico sets out a unique account of EU constitutionalism which argues that the EU legal order is a complex entity which shares some features with complex natural systems. The book then goes on to explore the methodological implications of such constitutional complexity for the study of EU law.
Author : Valentina Volpe
Publisher : Springer Nature
ISBN 13 : 3662623048
Total Pages : 427 pages
Book Rating : 4.6/5 (626 download)
Download or read book Remedies against Immunity? written by Valentina Volpe and published by Springer Nature. This book was released on 2021-04-08 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Author : Samantha Besson
Publisher : Cambridge University Press
ISBN 13 : 1009208535
Total Pages : 371 pages
Book Rating : 4.0/5 (92 download)
Download or read book Theories of International Responsibility Law written by Samantha Besson and published by Cambridge University Press. This book was released on 2022-09-08 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dialogue between international responsibility lawyers and legal philosophers laying the groundwork for new research and legal reform.
