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Constitutions

Constitutions Author Judith Pryor
ISBN-10 9781134082919
Release 2007-08-09
Pages 256
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Bringing a postcolonial perspective to UK constitutional debates and including a detailed and comparative engagement with the constitutions of Britain’s ex-colonies, this book is an original reflection upon the relationship between the written and the unwritten constitution. Can a nation have an unwritten constitution? While written constitutions both found and define modern nations, Britain is commonly regarded as one of the very few exceptions to this rule. Drawing on a range of theories concerning writing, law and violence (from Robert Cover to Jacques Derrida), Constitutions makes a theoretical intervention into conventional constitutional analyses by problematizing the notion of a ‘written constitution’ on which they are based. Situated within the frame of the former British empire, this book deconstructs the conventional opposition between the ‘margins’ and the ‘centre’, as well as between the ‘written’ and ‘unwritten’, by paying very close, detailed attention to the constitutional texts under consideration. Pryor argues that Britain’s ‘unwritten’ constitution and ‘immemorial’ common law only take on meaning in a relation of difference with the written constitutions of its former colonies. These texts, in turn, draw on this pre-literate origin in order to legitimize themselves. The ‘unwritten’ constitution of Britain can therefore be located and dislocated in postcolonial written constitutions. Constitutions is an excellent addition to the bookshelves of all students of the philosophy of law, political theory, constitutional and administrative law and jurisprudence.



Legitimacy Gap

Legitimacy Gap Author Vincent Depaigne
ISBN-10 9780192528285
Release 2017-07-13
Pages 256
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This book provides an account and explanation of a fundamental dilemma facing secular states: the 'legitimacy gap' left by the withdrawal of religion as a source of legitimacy. Legitimacy represents a particular problem for the secular state. The 'secular' in all its manifestations is very much linked to the historical rise of the modern state. It should not be seen as a category that separates culture and religion from politics, but rather as one that links these different dimensions. In the first part of the book, Depaigne explains how modern constitutional law has moved away from a 'substantive' legitimacy, based in particular on natural law, towards a 'procedural' legitimacy based on popular sovereignty and human rights. Depaigne examines three case studies of constitutional responses to legitimacy challenges which articulate the three main sources of 'procedural' legitimacy (people, rights, and culture) in different ways: the 'neutral model' (constitutions based on the 'displacement of culture'); the 'multicultural model' (constitutions based on diversity and pluralism); and the 'asymmetric model' (constitutions based on tradition). Even if secularization can be considered European in its origin, it is best seen today as a global phenomenon, which needs to be approached by taking into account the particular cultural dimension in which it is rooted. Depaigne's detailed study shows how secularization has moved either towards 'nationalization' linked to a particular national identity (as in France and, to some extent, in India)-or towards 'de-secularization', whereby secularism is displaced by particular cultural norms, as in Malaysia.



1812 Echoes

1812 Echoes Author Adam Sharman
ISBN-10 9781443850834
Release 2013-07-26
Pages 455
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This book commemorates the bicentenary of the landmark Spanish Constitution of 1812. Drafted by Spanish and colonial Spanish American liberals (and non-liberals) holed up in Cadiz as Napoleon’s troops occupied the surrounding hills, this war-time Constitution set out radically to redefine ‘the Spanish nation’ for a new age. In the event, it divided Spaniards and threw into sharp relief the question of Spain’s legitimacy in her American colonies. Cadiz 1812 is a defining moment in the modern history of the Spanish-speaking world. Bringing together specialists in the history, politics and culture of Spain and Latin America (the Cadiz text was a cultural and ethnic document as much as a politico-legal one), this volume represents the only large-scale commemoration in the UK of one of the world’s first liberal constitutional tracts. The point of the book, however, as of the conference and accompanying exhibition on which it is based, is not solely to reflect on the significance and repercussions of Cadiz 1812 on both sides of the Hispanic Atlantic at the time. The book also considers later interpretations of Cadiz 1812 and examines, in addition, other constitutions in the Spanish-speaking world beyond 1812. Subjects treated include: Spain’s crisis of absolutism; the Inquisition before the Constitution; liberalism and Catholicism; discourses of the 1812 Constitution; the question of sovereignty; political theatre during the Napoleonic invasion; Goya; the Spanish crisis in the British press; Lord Holland and Blanco White; Pérez Galdós’s Cádiz; futuristic literary representations of Spain’s nineteenth-century crisis; political and philosophical echoes in Latin America in the nineteenth and twentieth centuries – in Cúcuta, Mexico, Argentina and Cuba; and, finally, politico-philosophical echoes in Spain – in the Liberal Triennium, in the mid-nineteenth century, in the Spanish Second Republic, in 1978, and in 2011 in the midst of the financial (but it is also a constitutional) crisis. The volume includes a specially-conducted interview with Spanish politician Alfonso Guerra, one of the figures behind the Spanish Constitution of 1978.



Shakespeare and Trauma

Shakespeare and Trauma Author Catherine Silverstone
ISBN-10 9781135178314
Release 2012-02-06
Pages 186
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This study explores the relationship between performances of Shakespeare’s plays and the ways in which they engage with traumatic events and histories. It investigates the ethical and political implications of attempts to represent trauma in performance, and interrogates a range of narratives about Shakespeare, gender, sexuality, ethnicity, colonization and violence.



Gender and the Constitution

Gender and the Constitution Author Helen Irving
ISBN-10 9781139468756
Release 2008-01-21
Pages
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We live in an era of constitution-making. New constitutions are appearing in historically unprecedented numbers, following regime change in some countries, or a commitment to modernization in others. No democratic constitution today can fail to recognize or provide for gender equality. Constitution-makers need to understand the gendered character of all constitutions, and to recognize the differential impact on women of constitutional provisions, even where these appear gender-neutral. This book confronts what needs to be considered in writing a constitution when gender equity and agency are goals. It examines principles of constitutionalism, constitutional jurisprudence, and history. Its goal is to establish a framework for a 'gender audit' of both new and existing constitutions. It eschews a simple focus on rights and examines constitutional language, interpretation, structures and distribution of power, rules of citizenship, processes of representation, and the constitutional recognition of international and customary law. It discusses equality rights and reproductive rights as distinct issues for constitutional design.



Principles of Constitutional Design

Principles of Constitutional Design Author Donald S. Lutz
ISBN-10 9781139460552
Release 2006-08-28
Pages
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This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.



Constitutional Theory Schmitt After Derrida

Constitutional Theory  Schmitt After Derrida Author Jacques de Ville
ISBN-10 9781351866408
Release 2017-04-21
Pages 230
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This book advances a new reading of the central works of Carl Schmitt and, in so doing, rethinks the primary concepts of constitutional theory. In this book, Jacques de Ville engages in a close analysis of a number of Schmitt’s texts, including Dictatorship (1921), The Concept of the Political (1927), Constitutional Theory (1928), Land and Sea (1942), Ex Captivitate Salus (1950), The Nomos of the Earth (1950) and The Theory of the Partisan (1963). This engagement takes place from the perspective of constitutional theory and focuses specifically on concepts or themes such as sovereignty, the state, the political, constituent power, democracy, representation, the constitution and human rights. The book seeks to rethink the structure of these concepts in line with Derrida’s analysis of Schmitt’s texts on the concept of the political in Politics of Friendship (1993). This happens by way of an analysis of Derrida’s engagement with Freud and other psychoanalysts. Although the main focus in the book is on Schmitt’s texts, it further examines two texts of Derrida (Kh?ra (1993) and Fors: The Anglish Words of Nicholas Abraham and Maria Torok (1976)), by reading these alongside Schmitt’s own reflections on the positive concept of the constitution.



Interpreting Spinoza

Interpreting Spinoza Author Charlie Huenemann
ISBN-10 9781139470100
Release 2008-02-21
Pages 196
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The philosophy of Spinoza is increasingly recognised as holding a position of crucial importance and influence in early modern thought, and in previous years has been the focus of a rich and growing body of scholarship. In this volume of essays, leading experts in the field offer penetrating analyses of his views about God, necessity, imagination, the mind, knowledge, history, society, and politics. The essays treat questions of perennial importance in Spinoza scholarship but also constitute critical examinations of his worldview. Scholars of modern philosophy will value this volume as a collection of some of the very best work done on Spinoza's philosophy.



Media and Morality

Media and Morality Author Roger Silverstone
ISBN-10 9780745657875
Release 2013-04-18
Pages 224
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Roger Silverstone's compelling new book places the global media at the heart of the moral future of civilisation. It argues that the media (the press, broadcasting, the Internet and increasingly peer-to-peer technologies and networks) have a profound significance for the way in which the world is understood by its citizens. It also argues that without a clear understanding of that significance, and without a critique of the way in which the media go about their daily business, we are likely to see an erosion in the capacity of human beings to understand and respect each other, especially those whom they see and hear only in their mediation. In a world of increasing polarisation and demonisation, the media have a powerful role to play. They can reinforce or they can challenge that polarisation. The book proposes that we should think of the global media as a mediapolis, a single space of political and social communication, in which the basis for the relationships between neighbours and strangers can be either constructed or destroyed. The mediapolis is a moral space, a space of hospitality, responsibility, obligation and judgement. And questioning its present and future requires attention to issues of media justice, media literacy and media regulation. Media and Morality is essential reading for all students and scholars of the media but will be of equal fascination to anyone interested in the workings of our modern world.



Transformative Constitutionalism

Transformative Constitutionalism Author Oscar Vilhena
ISBN-10 1920538232
Release 2013
Pages 667
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Transformative Constitutionalism has been writing in one form or another for most of life. You can find so many inspiration from Transformative Constitutionalism also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Transformative Constitutionalism book for free.



Imperialism Sovereignty and the Making of International Law

Imperialism  Sovereignty and the Making of International Law Author Antony Anghie
ISBN-10 0521702720
Release 2007-04-26
Pages 356
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Examines the relationship between imperialism and international law.



The Legality of Boxing

The Legality of Boxing Author Jack Anderson
ISBN-10 9781134087259
Release 2007-04-26
Pages 240
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The first book of its kind dedicated to an assessment of the legality of boxing, The Legality of Boxing: A Punch Drunk Love? assesses the legal response to prize fighting and undertakes a current analysis of the status of boxing in both criminal legal theory and practice. In this book, Anderson exposes boxing’s 'exemption' from contemporary legal and social norms. Reviewing all aspects of boxing - historical, legal, moral, ethical, philosophical, medical, racial and regulatory - he concludes that the supposition that boxing has a (consensual) immunity from the ordinary law of violence, based primarily on its social utility as a recognised sport, is not as robust as is usually assumed. It: suggests that the sport is extremely vulnerable to prosecution and might in fact already be illegal under English criminal law outlines the physical and financial exploitation suffered by individual boxers both inside and outside the ring, suggesting that standard boxing contracts are coercive thus illegal and that boxers do not give adequate levels of informed consent to participate advocates a number of fundamental reforms, including possibly that the sport will have to consider banning blows to the head proposes the creation of a national boxing commission in the US and a similar entity in the United Kingdom, which together would attempt to restore the credibility of a sport long know as the red-light district of sports administration. An excellent book, it is a must read for all those studying sports law, popular culture and the law and jurisprudence.



Comparative legal systems

Comparative legal systems Author Vincenzo Zeno-Zencovich
ISBN-10 9788894885255
Release
Pages 120
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Comparative legal systems has been writing in one form or another for most of life. You can find so many inspiration from Comparative legal systems also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Comparative legal systems book for free.



The Invention of Tradition

The Invention of Tradition Author Eric Hobsbawm
ISBN-10 9781107394513
Release 2012-03-26
Pages
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Many of the traditions which we think of as very ancient in their origins were not in fact sanctioned by long usage over the centuries, but were invented comparatively recently. This book explores examples of this process of invention – the creation of Welsh and Scottish 'national culture'; the elaboration of British royal rituals in the nineteenth and twentieth centuries; the origins of imperial rituals in British India and Africa; and the attempts by radical movements to develop counter-traditions of their own. It addresses the complex interaction of past and present, bringing together historians and anthropologists in a fascinating study of ritual and symbolism which poses new questions for the understanding of our history.



Imperial Reckoning

Imperial Reckoning Author Caroline Elkins
ISBN-10 1429900296
Release 2010-04-01
Pages 496
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A major work of history that for the first time reveals the violence and terror at the heart of Britain's civilizing mission in Kenya As part of the Allied forces, thousands of Kenyans fought alongside the British in World War II. But just a few years after the defeat of Hitler, the British colonial government detained nearly the entire population of Kenya's largest ethnic minority, the Kikuyu-some one and a half million people. The compelling story of the system of prisons and work camps where thousands met their deaths has remained largely untold-the victim of a determined effort by the British to destroy all official records of their attempts to stop the Mau Mau uprising, the Kikuyu people's ultimately successful bid for Kenyan independence. Caroline Elkins, an assistant professor of history at Harvard University, spent a decade in London, Nairobi, and the Kenyan countryside interviewing hundreds of Kikuyu men and women who survived the British camps, as well as the British and African loyalists who detained them. The result is an unforgettable account of the unraveling of the British colonial empire in Kenya-a pivotal moment in twentieth- century history with chilling parallels to America's own imperial project. Imperial Reckoning is the winner of the 2006 Pulitzer Prize for Nonfiction.



Land Law and Urban Policy in Context

Land Law and Urban Policy in Context Author Thanos Zartaloudis
ISBN-10 9781315461793
Release 2016-10-14
Pages 262
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This book is a collection of essays honouring and engaging with the work of the late Professor Patrick McAuslan. It is a collection that narrates, analyses and critiques McAuslan’s contributions, as well as offering substantive perspectives on how his work has impacted the legal fields in which he was involved: including those of land law, urban planning law and policy, land use and participation in developing countries, democratic constitutionalism, and legal education. The essays present McAuslan’s contributions in the contexts in which they emerged, and according to both the circumstances and motivations that shaped them, as well as the challenges they encountered. It thus provides an ideal point of engagement for scholars, students and policy makers that have already interacted with McAuslan’s ideas and work, or who have yet to do so.



New Critical Legal Thinking

New Critical Legal Thinking Author Matthew Stone
ISBN-10 9781136291203
Release 2012-10-12
Pages 280
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New Critical Legal Thinking articulates the emergence of a stream of critical legal theory which is directly concerned with the relation between law and the political. The early critical legal studies claim that all law is politics is displaced with a different and more nuanced theoretical arsenal. Combining grand theory with a concern for grounded political interventions, the various contributors to this book draw on political theorists and continental philosophers in order to engage with current legal problematics, such as the recent global economic crisis, the Arab spring and the emergence of biopolitics. The contributions instantiate the claim that a new and radical political legal scholarship has come into being: one which critically interrogates and intervenes in the contemporary relationship between law and power.