Download or read book Democratizing Constitutional Law written by Thomas Bustamante and published by Springer. This book was released on 2016-04-19 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.

Download or read book The Scope and Structure of Civil Codes written by Julio César Rivera and published by Springer Science & Business Media. This book was released on 2014-02-04 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.

Download or read book One Country Two Systems Three Legal Orders Perspectives of Evolution written by Jorge Oliveira and published by Springer Science & Business Media. This book was released on 2009-07-21 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: “One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.

Download or read book A Miscarriage of Justice written by Cassia Roth and published by Stanford University Press. This book was released on 2020-01-14 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Miscarriage of Justice examines women's reproductive health in relation to legal and medical policy in Rio de Janeiro, Brazil. After the abolition of slavery in 1888 and the onset of republicanism in 1889, women's reproductive capabilities—their ability to conceive and raise future citizens and laborers—became critical to the expansion of the new Brazilian state. Analyzing court cases, law, medical writings, and health data, Cassia Roth argues that the state's approach to women's health in the early twentieth century focused on criminalizing fertility control without improving services or outcomes for women. Ultimately, the increasingly interventionist state fostered a culture of condemnation around poor women's reproduction that extended beyond elite discourses into the popular imagination. By tracing how legal thought and medical knowledge became cemented into law and clinical practice, how obstetricians, public health officials, and legal practitioners approached fertility control, and how women experienced and negotiated their reproductive lives, A Miscarriage of Justice provides a new way of interpreting the intertwined histories of gender, race, reproduction, and the state—and shows how these questions continue to reverberate in debates over reproductive rights and women's health in Brazil today.

Download or read book Historical Abstracts written by and published by . This book was released on 1990 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Sovereignty and Society in Colonial Brazil written by Stuart B. Schwartz and published by Univ of California Press. This book was released on 2024-07-19 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Narratives against Enslavement from the Court Rooms of Nineteenth Century Brazil written by Clara Lunow and published by Taylor & Francis. This book was released on 2022-10-31 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the enslavement system in nineteenth-century Brazil, demonstrating the strategies that lawyers and plaintiffs used to fight for freedom in court. In nineteenth-century Brazil, countless enslaved and freed women and men appealed to court to claim their right to freedom or that of family members. Taken as a whole, these legal suits create a narrative against the institution of slavery. By analyzing 30 individual cases (1810–1881) from various parts of imperial Brazil, this book demonstrates the intricate strategies of argumentation that lawyers and plaintiffs conceived to prove the right to freedom of the parties involved and to convince the authorities of it. Enslaved persons did not only protest their enslavement through rebellion, flight, refusal to work, and in everyday life but also produced a statement in the legal sphere against enslavement. This intellectual achievement was realized through the cooperation of lawyers and enslaved plaintiffs alike, functioning through stories of injustices, not through theoretical treatises on the right to liberty. While research on abolition in Brazil has concentrated mainly on public discourse, legislative decrees, and protest actions, this book focuses on the discursive space of courts. It gives both an overview of the enslavement system and intricately analyzes the fight for freedom in court. Narratives of Enslavement is the perfect volume for both students and nonspecialist readers and also provides new insights for specialists in this field.

Download or read book A History of Portugal and the Portuguese Empire written by Anthony R. Disney and published by Cambridge University Press. This book was released on 2009-04-13 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive overview and reinterpretation of Portugal's formation and history up to 1807 and of its acquisition of a wide-flung maritime empire from the early fifteenth century.

Download or read book Political Reason and the Language of Change written by Adriana Luna-Fabritius and published by Taylor & Francis. This book was released on 2022-08-26 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: FORTHCOMING OPEN ACCESS TITLE This collection of essays re-examines ideas of change and movements for change in early modern Europe without presuming that "progressive" change was the outcome of "reforms". "Reform" today implies rational, incremental change to public institutions and procedures. "Improvement" has a more general application, emphasising the positive outcome to which "reform" is oriented. But the language of reform is today used of historical personalities and movements that did not themselves use the term, and who in many cases were not necessarily seeking the progressive change that we would understand today. The activities of "reform" were embedded in contemporary politics, and while "improvement" was part of a contemporary vocabulary, its real presence has been obscured by the range of natural languages in which it was expressed. Contributors to this volume seek to establish what was meant by contemporary usage. Bringing together scholars of Russia, Southern, Western, Central and Northern Europe, this collection sheds new light on both common and divergent features of a political process too often treated as a uniform movement towards modernity. This volume is a useful resource for students and scholars interested in Enlightenment studies, intellectual history, and conceptual history in early modern Europe.

Download or read book Crusading at the Edges of Europe written by Kurt Villads Jensen and published by Taylor & Francis. This book was released on 2016-10-14 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to compare Denmark and Portugal systematically in the High Middle Ages and demonstrates how the two countries became strong kingdoms and important powers internationally by their participation in the crusading movement. Communication in the Middle Ages was better developed than often assumed and institutions, ideas, and military technology was exchanged rapidly, meaning it was possible to coordinate great military expeditions across the geographical periphery of Western Europe. Both Denmark and Portugal were closely connected to the sea and developed strong fleets, at the entrance to the Baltic and in the Mediterranean Seas respectively. They also both had religious borders, to the pagan Wends and to the Muslims, that were pushed forward in almost continuous crusades throughout the centuries. Crusading at the Edges of Europe follows the major campaigns of the kings and crusaders in Denmark and Portugal and compares war-technology and crusading ideology, highlighting how the countries learned from each other and became organised for war.

Download or read book A Black Jurist in a Slave Society written by Keila Grinberg and published by UNC Press Books. This book was released on 2019-10-18 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in English for the first time, Keila Grinberg's compelling study of the nineteenth-century jurist Antonio Pereira Reboucas (1798–1880) traces the life of an Afro-Brazilian intellectual who rose from a humble background to play a key--and conflicted--role as Brazilians struggled to define citizenship and understand racial politics. One of the most prominent specialists in civil law of his time, Reboucas explained why blacks fought stridently for their own inclusion in society but also complicitly embraced an ethic of silence on race more broadly. Grinberg argues that while this silence was crucial for defining spaces of social mobility and respectability regardless of race, it was also stifling, and played an important role in quelling political mobilization based on racial identity. Reboucas's commitment to liberal ideals also exemplifies the contradiction he embodied: though he rejected movements that were grounded in racial political mobilization, he was consistently treated as potentially dangerous for the single fact that he was of African origin. Grinberg demonstrates how Reboucas's life and career—encompassing such themes as racial politics and identities, slavery and racism, and imperfect citizenship—are central for our understanding of Atlantic slave and post-abolition societies.

Download or read book Women in the Portuguese Colonial Empire written by Clara Sarmento and published by Cambridge Scholars Publishing. This book was released on 2009-03-26 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women in the Portuguese Colonial Empire: The Theatre of Shadows compiles an extensive collection of essays on the status of women throughout the vast Portuguese colonial space, from Brazil to the Far East, crossing Europe, Africa and India, between the 16th and the 20th century. Absent or mystified, silenced or victimized, women in the History of Portugal and its colonial venture are the living example of the part historiographical discourse, ideology and popular memory have played in the construction of identities, their practices and representations. The production and critical consumption of History have long revealed countless gaps and silences within its own discourse. This book questions the reason for such gaps and silences and wonders about the real role of all those who do not or have never had access to power and to the perpetuating word, those whose voices have been systematically erased from sources and documents because of past or present attending interests. Women in the Portuguese Colonial Empire: The Theatre of Shadows congregates a wide assortment of disciplines so as to provide multiple independent viewpoints, sources and methodologies. By bringing authors from around the world together, this work ensures that the various cultures and memories that are part of the global saga, as well as the various versions of the history of the Portuguese colonial empire, may be heard.

Download or read book A History of Colonial Brazil 1500 1792 written by Bailey Wallys Diffie and published by . This book was released on 1987 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Revista de Historia de Am rica written by Silvio Zavala and published by . This book was released on 1972 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes sections "Reseñas de libros," "Revistas" and "Bibliografía de historia de América."

Download or read book Brazil written by Leslie Bethell and published by Cambridge University Press. This book was released on 1989-05-26 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transformation of Brazil from Portuguese colony to independent nation continues through Brazilian independence to the Paraguayan War, the age of reform (1870-1889) and The First Republic (1889-1930).

Download or read book Hapi Hispanic American Periodicals Index 1999 written by and published by . This book was released on 2001-06 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Queering the Public Sphere in Mexico and Brazil written by Rafael de la Dehesa and published by Duke University Press Books. This book was released on 2010-05-21 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A groundbreaking comparative analysis of the historical development and contemporary dynamics of LGBT activism in Mexico and Brazil.