Download or read book Law and Reflexive Politics written by E.A. Christodoulidis and published by Springer Science & Business Media. This book was released on 2013-12-01 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is the great concealer; and law is everywhere. Or so claimed Marxists once upon a time. [Law] was imbricated within the mode of production and productive relations themselves . . . it intruded brusquely within alien categories, re-appearing bewigged and gowned in the form of ideology; . . . it was an arm of politics and politics was one of its arms; it was an academic discipline, subjected to the rigour of its own autonomous logic, it contributed to the definition of the self-identity of both the rulers 1 and the ruled. Does the old critique of domination still hold any sway? Apparently not. Or so even scholars of the far Left keep reminding us in their eagerness to embrace law and proclaim their allegiance to the new constitutional politics of civil society. Old Marxists now describe popular sovereignty as 'co-original' with, and democracy 'internally linked' to 2 constitutional rights and find it hard to remember what it was they once disagreed with liberals about. No tension left between emancipatory politics and oppressive law; instead we have reciprocal constitution, simultaneous realisation. In the Left's embracing of the new constitutionalisms its old critique of law - the critique of the law's concealment of class inequality, class conflict and class action - is left behind.

Download or read book Law and Reflexive Politics written by Emilios A. Christodoulidis and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Law and Reflexive Politics written by Emilios A. Christodoulidis and published by . This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Redress of Law written by Emilios Christodoulidis and published by Cambridge University Press. This book was released on 2021-04-15 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a legal-philosophical point of view, The Redress of Law presents a critical analysis of a number of related doctrinal fields: constitutional, labour and EU Law. Focusing on the organisation and protection of work, this book asks what it means to protect work as an essential aspect of human (individual and collective) flourishing. This is an ambitious and highly sophisticated intervention in contemporary academic and political debates around a set of critically important questions connected to processes of globalisation and market integration. The author redefines the nature of legal and political thought in an age in which market rationality has exceeded its classic domain and has come to pervade the organization of social and political life. This restatement of critical legal theory is intended to defend the concept of constitutionalism and suggest new ways to deploy the law strategically.

Download or read book Reflexive Democracy written by Kevin Olson and published by MIT Press. This book was released on 2006-04-28 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument for justifying the welfare state politically rather than economically, based on an ideal of democratic equality.

Download or read book The Politics Of Law written by David Kairys and published by Basic Books. This book was released on 1998-05-09 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Law is the most widely read critique of the nature and role of the law in American society. This revised edition continues the book's concrete focus on the major subjects and fields of law. New essays on emerging fields and the latest trends and cases have been added to updated versions of the now-classic essays from earlier editions.A unique assortment of leading scholars and practitioners in law and related disciplines—political science, economics, sociology, criminology, history, and literature—raise basic questions about law, challenging long-held ideals like the separation of law from politics, economics, religion, and culture. They address such issues contextually and with a keen historical perspective as they explain and critique the law in a broad range of areas.This third edition contains essays on all of the subjects covered in the first year of law school while continuing the book's tradition of accessibility to non-law-trained readers. Insightful and powerful, The Politics of Law makes sense of the debates about judicial restraint and the range of legal controversies so central to American public life and culture.

Download or read book Reflexive Governance written by Olivier De Schutter and published by Bloomsbury Publishing. This book was released on 2010-05-19 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflexive governance offers a theoretical framework for understanding modern patterns of governance in the European Union (EU) institutions and elsewhere. It offers a learning-based approach to governance, but one which can better respond to concerns about the democratic deficit and to the fulfillment of the public interest than the currently dominant neo-institutionalist approaches. The book is composed of one general introduction and eight chapters. Chapter one introduces the concept of reflexive governance and describes the overall framework. The following chapters of the book then summarise the implications of reflexive governance in major areas of domestic, EU and global policy-making. They address in turn: Services of General Interest, Corporate Governance, Institutional Frames for Markets, Regulatory Governance, Fundamental Social Rights, Healthcare Services, Global Public Services and Common Goods. While the themes are diverse, the chapters are unified by their attempt to get to the heart of which concepts of governance are dominant in each field, and what their successes and failures have been: reflexive governance then emerges as one possible response to the failures of other governance models currently being relied upon by policy-makers.

Download or read book Luhmann on Law and Politics written by Michael King and published by Bloomsbury Publishing. This book was released on 2006-02-27 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps more than any other social theorist in recent history, Niklas Luhmann's work has aroused extreme, and often antagonistic, responses. It has generated controversies about its political implications, its resolute anti-humanism and its ambitious critique of more established definitions of society, social theory and sociology. Now, however, a steadily growing number of scholars working in many different disciplines have begun to use aspects of Luhmann's sociology as an important methodological stimulus and as a theoretical framework for reorientating their studies. This collection of essays includes critical and reconstructive contributions by a number of distinguished social theorists, political theorists, legal scholars and empirical sociologists. Together, they provide evidence of Luhmann's extensive and diverse relevance to the issues facing contemporary society, and, at the same time, they enhance our understanding of the challenges posed by his theoretical paradigm to more traditional conceptions of social theory.

Download or read book Reflexive Governance in EU Equality Law written by Emma Lantschner and published by Oxford University Press. This book was released on 2021 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Covid-19 pandemic has revealed how far we as a European society still are from the proclaimed Union of Equality. The book explores how the promise of equal treatment can become a reality and compliance with the EU acquis relating to equality and non-discrimination can be improved. It studies enforcement and promotion aspects of the two watershed directives of 2000, the Racial Equality Directive 2000/43/EC and the Employment Equality Directive 2000/78/EC, through the lens of reflexive governance. This governance approach is proposed as having great potential in enhancing the likelihood of sustainability (or continuation) of reforms in the current candidate countries and EU Member States through its emphasis on reflexive learning processes and the cooperation between EU institutions, national authorities, and civil society actors. In order to deploy this potential, there is, however, a need for more consistent and transparent monitoring, both with regard to candidate countries as well as old and new Member States, and a reconsideration of the understanding of monitoring as such. It should be seen as helping to deconstruct own preference-formations and as a possibility to learn from successes and failures in a cooperative and recursive process. To work on these lacunae and improve learning and monitoring processes, this book identifies indicators, that are deduced from the comparative review of the implementation practice of the member states. This book is thus a contribution to the existing literature in the fields of Europeanization, governance, and the right to equality and non-discrimination.

Download or read book Reflexive Labour Law in the World Society written by Ralf Rogowski and published by Edward Elgar Publishing. This book was released on 2013-09-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: ŠRogowski�s challenging book offers readers a rigorous but accessible introduction to the theory of reflexive law, important and original insights into current issues in industrial relations and labour law and a fascinating preview of how a broad-based

Download or read book Law and Democracy in Neil MacCormick s Legal and Political Theory written by Agustín José Menéndez and published by Springer Science & Business Media. This book was released on 2011-03-29 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.

Download or read book The Politics of Rights written by Stuart A. Scheingold and published by University of Michigan Press. This book was released on 2010-03-10 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stuart A. Scheingold's landmark work introduced a new understanding of the contribution of rights to progressive social movements, and thirty years later it still stands as a pioneering and provocative work, bridging political science and sociolegal studies. In the preface to this new edition, the author provides a cogent analysis of the burgeoning scholarship that has been built on the foundations laid in his original volume. A new foreword from Malcolm Feeley of Berkeley's Boalt Hall School of Law traces the intellectual roots of The Politics of Rights to the classic texts of social theory and sociolegal studies. "Scheingold presents a clear, thoughtful discussion of the ways in which rights can both empower and constrain those seeking change in American society. While much of the writing on rights is abstract and obscure, The Politics of Rights stands out as an accessible and engaging discussion." -Gerald N. Rosenberg, University of Chicago "This book has already exerted an enormous influence on two generations of scholars. It has had an enormous influence on political scientists, sociologists, and anthropologists, as well as historians and legal scholars. With this new edition, this influence is likely to continue for still more generations. The Politics of Rights has, I believe, become an American classic." -Malcolm Feeley, Boalt Hall School of Law, University of California, Berkeley, from the foreword Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.

Download or read book Constituent Power written by Arvidsson Matilda Arvidsson and published by Edinburgh University Press. This book was released on 2020-08-18 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people' from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere.

Download or read book Regulating Intimacy written by Jean-Louis Cohen and published by Princeton University Press. This book was released on 2009-01-10 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulation of intimate relationships has been a key battleground in the culture wars of the past three decades. In this bold and innovative book, Jean Cohen presents a new approach to regulating intimacy that promises to defuse the tensions that have long sparked conflict among legislators, jurists, activists, and scholars. Disputes have typically arisen over questions that apparently set the demands of personal autonomy, justice, and responsibility against each other. Can law stay out of the bedroom without shielding oppression and abuse? Can we protect the pursuit of personal happiness while requiring people to behave responsibly toward others? Can regulation acknowledge a variety of intimate relationships without privileging any? Must regulating intimacy involve a clash between privacy and equality? Cohen argues that these questions have been impossible to resolve because most legislators, activists, and scholars have drawn on an anachronistic conception of privacy, one founded on the idea that privacy involves secrecy and entails a sphere free from legal regulation. In response, Cohen draws on Habermas and other European thinkers to present a robust "constructivist" defense of privacy, one based on the idea that norms and rights are legally constructed. Cohen roots her arguments in debates over three particularly contentious issues: reproductive rights, sexual orientation, and sexual harassment. She shows how a new legal framework, "reflexive law," allows us to build on constructivist insights to approach these debates free from the liberal and welfarist paradigms that usually structure our legal thought. This new legal paradigm finally allows us to dissolve the tensions among autonomy, equality, and community that have beset us. A synthesis of feminist theory, political theory, constitutional jurisprudence, and cutting-edge research in the sociology of law, this powerful work will reshape not only legal and political debates, but how we think about the intimate relationships at the core of our own lives. .

Download or read book The Differentiation and Autonomy of Law written by Emilios Christodoulidis and published by Cambridge University Press. This book was released on 2023-10-05 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Element looks first at the fundamental principle of modernity that is the functional differentiation of society, and the emergence of autonomous, positive law. The careful architecture of differentiation, balance, and mutual performance between the legal, political and economic systems is jeopardised with the hypertrophy of any one of the structurally coupled systems at the expense of the others. The pathologies are described in the second section of the Element. It explores how, under conditions of globalisation, market thinking came to hoist itself to the position of privileged site of societal rationality. In the third section we look at what sustains law's own 'reflexive intelligence' under conditions of globalisation, and whether we can still rely today on the constitutional achievement to guarantee law's autonomy, its democratic credentials and its ability to reproduce normative expectations today.

Download or read book Reflexivity and Economics written by John Davis and published by Routledge. This book was released on 2018-04-19 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The form of ‘reflexivity’ – defined by the dictionary as that which is ‘directed back upon itself’ – that is most relevant to economic methodology is that where observation of the economy leads to ideas that change behavior, which in turn changes (is directed back upon) the economy itself. As George Soros explains: "if investors believe that markets are efficient then that belief will change the way they invest, and that in turn will change the nature of the markets they are observing ... That is the principle of reflexivity". Although various versions of reflexivity have long been discussed, in recent years George Soros has been particularly effective in bringing ideas about reflexivity to the attention of the economic and financial communities. In a series of writings he has systematically argued that reflexivity is not only an important aspect of economic life, it is an aspect that is neglected in most mainstream theorizing; and in addition, that the neglect of reflexivity has been responsible for the failure of economists to predict, explain, or offer a solution for events such as the recent financial crisis. Soros’ ideas about reflexivity have important methodological significance, and his chapter in this book summarizes and clarifies his arguments. His contribution is joined by those of thirteen scholars from a wide range of relevant fields, who provide a commentary on the idea of reflexivity in economics. This book was originally published as a special issue of The Journal of Economic Methodology.

Download or read book Law in a New Key written by Amitai Etzioni and published by Quid Pro Books. This book was released on 2010-12-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: A book for thoughtful readers--and not particularly lawyers or scholars of law and society--who are engaged in the issues of the day and want something other than "easy" answers from the right and left. Most issues of law and social policy can be understood better through a lens that balances rights and interests--and protects all of us while protecting each of us--says renowned communitarian sociologist Amitai Etzioni in his latest of 30 books. In Law in a New Key, Etzioni addresses hot-bed issues of terrorism, drone warfare, airport security and scanners, government surveillance, norms of social disapproval and forgiveness, human rights, and respect for ethnic cultural differences. He shares his perspective as one who has fought in a resistance, and then later became a professor at Columbia University and The George Washington University. The perspective and his decades of academic research persuaded him that the answer to thorny legal and policy issues is found neither in unyielding devotion to individual rights at all costs nor in reflexive empowerment of the state in times of crisis and pain. The answer is in moral dialogs, respect for the basic right to life and security, responsible checks on power, and a balancing of interests that all must be seen as legitimate in a world of pundits and partisans who favor one right. What good is the right to privacy if the basic right to live is sacrificed as the right-holder is blown out of the sky? If new technologies make it possible to conduct terrorism and crime without the law catching up to them? What happens when respect for one religious position means choosing among religious positions? A collection of 15 trenchant essays drawn from the popular press and academic journals, yet accessible to a spectrum of readers who care about the key issues of the day and see the complexity in them, Law in a New Key takes a fresh look at so many important topics that need examination through a community-concerned lens. The frame gives contours and substance to today's debates without offering the usual entrenched policy solutions of kneejerk partisans. Etzioni asks such questions frankly, and on a variety of topics that matter. Rights carry responsibilities, and freedom and human rights must put living first--in a world that does not always concede that self-evident proposition. It is book about law and society whose time has come. For many readers the social and legal notes he plays will finally sound in their register.