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:
Download or read book Le pluralisme ordonn 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:
Download or read book Le Pluralisme ordonn 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.
Download or read book Les forces imaginantes du droit written by Mireille Delmas-Marty and published by . This book was released on 2013-01-10 with total page 1470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ce coffret réunit les quatre volumes de référence, publiés au Seuil de 2004 à 2011, que Mireille Delmas-Marty a consacrés à l’émergence du nouvel ordre juridique mondial, dont elle souhaite l’avènement. Reprenant ici l’objet de ses cours au Collège de France, l’auteur interroge le droit au regard de l’évolution de nos sociétés et nous livre une formidable analyse des nouveaux enjeux que pose le contexte mondialisé à la recherche d’un droit commun et d’une communauté de valeurs.
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.
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.
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).
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: The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.
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.
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.
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.
Download or read book Rethinking the Relationship Between International EU and National Law written by Lando Kirchmair and published by . This book was released on 2024-03-06 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.
Download or read book Finnish Yearbook of International Law Volume 24 2014 written by Tuomas Tiittala and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Earlier volumes may be obtained from Martinus Nijhoff, an imprint of Brill Publishers. Further information may be found at www.fsil.fi/fybil
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.
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.
Download or read book The Politics of Adoption written by Bruno Perreau and published by MIT Press. This book was released on 2014-04-25 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.
