Pluralism and Law: State, nation, community, civil society

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Author :
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515083621
Total Pages : 200 pages
Book Rating : 4.0/5 (836 download)

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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.

American Cultural Pluralism and Law

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Author :
Publisher : Greenwood
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.:/5 (33 download)

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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.

Multilevel Democracy

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Publisher : Cambridge University Press
ISBN 13 : 1108427782
Total Pages : 413 pages
Book Rating : 4.1/5 (84 download)

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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.

Legal Symbolism

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Publisher : Routledge
ISBN 13 : 1317106008
Total Pages : 242 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Legal Symbolism by : Jiří Přibáň

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.

Sustaining Civil Society

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Publisher : Penn State Press
ISBN 13 : 0271056614
Total Pages : 296 pages
Book Rating : 4.2/5 (71 download)

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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.”

Pluralism and American Public Education

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Publisher : Springer
ISBN 13 : 113750224X
Total Pages : 185 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Pluralism and American Public Education by : Ashley Rogers Berner

Download or read book Pluralism and American Public Education written by Ashley Rogers Berner and published by Springer. This book was released on 2016-11-11 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the structure of public education is a key factor in the failure of America's public education system to fulfill the intellectual, civic, and moral aims for which it was created. The book challenges the philosophical basis for the traditional common school model and defends the educational pluralism that most liberal democracies enjoy. Berner provides a unique theoretical pathway that is neither libertarian nor state-focused and a pragmatic pathway that avoids the winner-takes-all approach of many contemporary debates about education. For the first time in nearly one hundred fifty years, changing the underlying structure of America’s public education system is both plausible and possible, and this book attempts to set out why and how.

Global Legal Pluralism

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Publisher : Cambridge University Press
ISBN 13 : 1107376912
Total Pages : 357 pages
Book Rating : 4.1/5 (73 download)

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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.

Proceedings of the 21st IVR World Congress

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Publisher : Franz Steiner Verlag
ISBN 13 : 9783515085243
Total Pages : 220 pages
Book Rating : 4.0/5 (852 download)

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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:

Epistemology and Ontology

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Publisher : Franz Steiner Verlag
ISBN 13 : 9783515087070
Total Pages : 204 pages
Book Rating : 4.0/5 (87 download)

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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.

Proceedings of the 21st IVR World Congress, Lund, Sweden, 12-17 August, 2003: Justice

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Publisher : Franz Steiner Verlag
ISBN 13 : 9783515084833
Total Pages : 228 pages
Book Rating : 4.0/5 (848 download)

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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.

Universal Minority Rights?

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Publisher : Franz Steiner Verlag
ISBN 13 : 9783515085045
Total Pages : 132 pages
Book Rating : 4.0/5 (85 download)

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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.

Militant Democracy

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Publisher : Eleven International Publishing
ISBN 13 : 9077596046
Total Pages : 271 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis Militant Democracy by : András Sajó

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.

The Pluralist Theory of the State

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Publisher : Routledge
ISBN 13 : 1134967225
Total Pages : 347 pages
Book Rating : 4.1/5 (349 download)

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Book Synopsis The Pluralist Theory of the State by : Paul Q. Hirst

Download or read book The Pluralist Theory of the State written by Paul Q. Hirst and published by Routledge. This book was released on 2005-08-03 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: English political pluralism is a challenging school of political thought, neglected in recent years but now enjoying a revival of interest. It is particularly relevant today because it offers a critique of centralized sovereign state power. The leading theorists of the pluralist state were G.D.H. Cole, J.N. Figgis and H.J. Laski, and this volume brings together their most important ideas, making accessible a crucial body of work on radical political theory. It includes their major writings, mostly out of print and difficult to obtain, and here gathered together in an anthology for the first time. Current in the first two decades of this century, English political pluralism offered a convincing critique of state sovereignty and proposed a decentralized and federated form of authority - pluralism - in which the affairs of society would be conducted by self-governing and independent associations. Paul Hirst's comprehensive introduction situates English political pluralism historically and gives a critical account of its main theoretical themes and the debate surrounding them. The book will be of interest to those who see radical reform as vital for the future health of democracy, to students of political theory and the history of political thought and also to students of jurisprudence and legal theory interested in the pluralist debate as it affects the concept of legal sovereignty.

Politicization of Religion, the Power of State, Nation, and Faith

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Author :
Publisher : Springer
ISBN 13 : 1137477865
Total Pages : 226 pages
Book Rating : 4.1/5 (374 download)

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Book Synopsis Politicization of Religion, the Power of State, Nation, and Faith by : G. Ognjenovic

Download or read book Politicization of Religion, the Power of State, Nation, and Faith written by G. Ognjenovic and published by Springer. This book was released on 2014-12-16 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: (Ab)use of religion as a political means to an end: the achievement of nationalist political goals, analyzing 'how' through which mechanisms this phenomenon has been and still is practiced in South-Eastern Europe.

Legal Pluralism and Development

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Publisher : Cambridge University Press
ISBN 13 : 1107019400
Total Pages : 271 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Legal Pluralism and Development by : Brian Z. Tamanaha

Download or read book Legal Pluralism and Development written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2012-05-28 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.

Exploring the 'Legal' in Socio-Legal Studies

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Publisher : Springer
ISBN 13 : 1137344377
Total Pages : 274 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis Exploring the 'Legal' in Socio-Legal Studies by : David Cowan

Download or read book Exploring the 'Legal' in Socio-Legal Studies written by David Cowan and published by Springer. This book was released on 2019-03-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Socio-legal studies have had an ambivalent relationship with the 'legal' – one of its defining aspects, but at the same time one that the discipline has sought to transcend or even leave behind. While socio-legal studies benefit hugely from the insights, methods and theories of other social science and humanity disciplines, the contributions to Exploring the 'Legal' in Socio-Legal Studies illustrate the value of a focus on the 'legal'. The chapters in this book combine traditional legal materials and analyses with other ways of engaging empirically with the 'legal'. They illustrate the rich potential of the 'legal' as a site both for theoretical and methodological reflection and for case study analysis. Taken as a whole, this volume demonstrates that methodological discussion is most helpful when rooted in empirical cases, and that the best case studies also help us to develop our methodologies. Bringing methodology and empirical analysis together offers an opportunity to reflect on socio-legal studies and develop the discipline in productive new directions.

Justice and Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004271708
Total Pages : 205 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Justice and Law by : María José Falcón y Tella

Download or read book Justice and Law written by María José Falcón y Tella and published by Martinus Nijhoff Publishers. This book was released on 2014-05-08 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Justice and Law María José Falcón y Tella, offers an account of classical and modern theories of justice, and some of the principal themes relating to justice –punishment, civil disobedience, conscientious objection, just war, and tolerance.