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Sociology of Constitutions

Sociology of Constitutions Author Alberto Febbrajo
ISBN-10 9781317052920
Release 2016-05-05
Pages 298
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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.



Sociological Constitutionalism

Sociological Constitutionalism Author Paul Blokker
ISBN-10 9781108509244
Release 2017-10-12
Pages
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This landmark book provides the first systematic overview of the key scholarly contributions in an emerging field of research on constitutionalism: the sociology of constitutions. It presents chapters offering very different normative and methodological approaches to constitutions, ranging from analysis of national constitutional law, to research on transnational legal forms, to discussions of the constitutional impact of international human rights law. The book makes an important contribution to a series of wider debates - spanning constitutional law, legal theory, comparative constitutionalism, sociology, and political science - about the changing nature of constitutionalism. Researchers and students in constitutional law will gain a comprehensive appreciation of a diverse range of distinctively sociological approaches to constitutional law and an in-depth understanding of distinctive sociological dimensions of constitutions. The book offers new insights into the sources of constitutional normativity in society and it proposes different sociological methods for addressing them.



Law and the Formation of Modern Europe

Law and the Formation of Modern Europe Author Mikael Rask Madsen
ISBN-10 9781107044050
Release 2014-07-10
Pages 378
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Presents a series of distinct sociological inquiries into the formation of contemporary European law and society.



Paradoxes and Inconsistencies in the Law

Paradoxes and Inconsistencies in the Law Author Oren Perez
ISBN-10 9781847311788
Release 2005-12-13
Pages 334
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Is law paradoxical? This book seeks to unravel the riddle of legal paradoxes. It focuses on two main questions: the nature of legal paradoxes, and their social ramifications. In exploring the structure of legal paradoxes, the book focuses both on generic paradoxes, such as those associated with the self-referential character of legal validity and the endemic incoherence of legal discourse, and on paradoxes that permeate more restricted fields of law, such as contract law, euthanasia, and human rights (the prohibition of torture). The discussion of the social effects of legal paradoxes focuses on the role of paradoxes as drivers of legal change, and explores the institutional mechanisms that ensure the stability of the law, in spite of its paradoxical makeup. The essays in the book discuss these questions from various perspectives, invoking insights from philosophy, systems theory, deconstruction and economics.



Max Weber s Interpretive Sociology of Law

Max Weber s Interpretive Sociology of Law Author Michel Coutu
ISBN-10 9781317238430
Release 2018-04-09
Pages 303
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This book presents a clear and precise account of the structure and content of Max Weber's sociology of law: situating its methodological and epistemological specificity in relation to other approaches to the sociology of law; as well as offering a critical evaluation of Weber's usefulness for contemporary socio-legal research. The book is divided into three parts. The first part deals with the methodological foundations of Weber's sociology of law. The second analyses the central theme of this sociology, the rationalisation of law, from the perspective of its internal logical coherence, its empirical validity, and finally its legitimacy. The third part questions the present-day relevance of the Weberian sociology of law for socio-legal research, notably with regard to legal pluralism. Max Weber, it is demonstrated, is not merely a 'founding father' of the sociology of law; rather, his methodology, concepts, and empirical analyses remain highly useful to the further development of work in this area.



Self Constitution of European Society

Self Constitution of European Society Author Jiří Přibáň
ISBN-10 9781317057512
Release 2016-05-26
Pages 356
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Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and pluralism and their juridical and political uses in the context of EU constitutionalism. Individual chapters emphasize the importance of interdisciplinary and socio-legal methods in the current research of EU constitutionalism and their potential to re-conceptualize and re-think traditional problems of constitutional subjects, limitation and separation of power, political symbolism and identity politics in Europe. This collection simultaneously describes the EU and its self-constitution as one polity, differentiated society and shared community and its contributors conceptualize the sense of common identity and solidarity in the context of the post-sovereign multitude of European society.



Economic Governance in Europe

Economic Governance in Europe Author Federico Fabbrini
ISBN-10 9780198749134
Release 2016-01-17
Pages 352
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The Euro-Crisis and the legal and institutional responses to it have had important constitutional implications on the architecture of the European Union (EU). Going beyond the existing literature, Federico Fabbrini's book takes a broad look and examines how the crisis and its aftermath have changed relations of power in the EU, disaggregating three different dimensions: (1) the vertical relations of power between the member states and the EU institutions, (2) the relations of power between the political branches and the courts, and (3) the horizontal relations of power between the EU member states themselves. The first part of the book argues that, in the aftermath of the Euro-crisis, power has been shifting along each of these axes in paradoxical ways. In particular, through a comparison of the United States, Fabbrini reveals that the EU is nowadays characterized by a high degree of centralization in budgetary affairs, an unprecedented level of judicialization of economic questions, and a growing imbalance between the member states in the governance of fiscal matters. As the book makes clear, however, each of these dynamics is a cause for concern - as it calls into question important constitutional values for the EU, such as the autonomy of the member states in taking decision about taxing and spending, the preeminence of the political process in settling economic matters, and the balance between state power and state equality. The second part of the book, therefore, devises possible options for future legal and institutional developments in the EU which may revert these paradoxical trends. In particular, Fabbrini considers the ideas of raising a fiscal capacity, restoring the centrality of the EU legislative process, and reforming the EU executive power, and discusses the challenges that accompany any further step towards a deeper Economic and Monetary Union.



The Mauritian Paradox

The Mauritian Paradox Author Ramtohul, Ramola
ISBN-10 9789990373486
Release 2018-04-12
Pages 292
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Speaking of Mauritius as an economic miracle has become a cliché, and with good reason: Its development since Independence in 1968 can easily be narrated as a rags-to-riches story. In addition, it is a stable democracy capable of containing the conflict potential inherent in its complex ethnic and religious demography. This book brings together some of the finest scholarship, domestic as well as foreign, on contemporary Mauritius, offering perspectives from constitutional law, cultural studies, sociology, archaeology, economics, social anthropology and more. While celebrating the indisputable, and impressive, achievements of the Mauritian nation on its fiftieth birthday, this book is far from toothless. Looking back inevitably implies looking ahead, and in order to do so, critical self-scrutiny is essential, to be able to learn from the mistakes of the past. The contributors raise fundamental questions concerning a broad range of issues, from the dilemmas of multiculturalism to the marginal role of women in public life, from the question of constitutional reform and the continued problem of corruption to the slow destruction of Mauritius’ joy and pride, namely the beauty and purity of its natural scenery. Taking stock of the first fifty years, this book also looks ahead to the next fifty years, giving some cues as to where Mauritius can and should aim in the next decades.



Alienated

Alienated Author Victor C. Romero
ISBN-10 0814776744
Release 2005-02-01
Pages 261
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Throughout American history, the government has used U.S. citizenship and immigration law to protect privileged groups from less privileged ones, using citizenship as a “legitimate” proxy for otherwise invidious, and often unconstitutional, discrimination on the basis of race. While racial discrimination is rarely legally acceptable today, profiling on the basis of citizenship is still largely unchecked, and has in fact arguably increased in the wake of the September 11 terror attacks on the United States. In this thoughtful examination of the intersection between American immigration and constitutional law, Victor C. Romero draws our attention to a “constitutional immigration law paradox” that reserves certain rights for U.S. citizens only, while simultaneously purporting to treat all people fairly under constitutional law regardless of citizenship. As a naturalized Filipino American, Romero brings an outsider's perspective to Alienated, forcing us to look at constitutional immigration law from the vantage point of people whose citizenship status is murky (either legally or from the viewpoint of other citizens and lawmakers), including foreign-born adoptees, undocumented immigrants, tourists, foreign students, and same-gender bi-national partners. Romero endorses an equality-based reading of the Constitution and advocates a new theoretical and practical approach that protects the individual rights of non-citizens without sacrificing their personhood.



Constitutional Fragments

Constitutional Fragments Author Gunther Teubner
ISBN-10 9780199644674
Release 2012-03-01
Pages 213
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The powerful private sectors of the world economy remain largely unconstrained by fundamental constitutional rules, leading to human rights abuses on a massive scale. This book examines how the values of constitutional governance can be applied to the private sphere in the modern world, through a network of constitutional fragments.



A Sociology of Transnational Constitutions

A Sociology of Transnational Constitutions Author Chris Thornhill
ISBN-10 9781107038523
Release 2016-07-28
Pages 538
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This book develops a unique sociological approach to the analysis of transnational legal norms. This title is also available as Open Access.



Constitutionalism and Transitional Justice in South Africa

Constitutionalism and Transitional Justice in South Africa Author Andrea Lollini
ISBN-10 9781845457648
Release 2011-01-15
Pages 221
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Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the 'shocking' South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.



The Financial Crisis in Constitutional Perspective

The Financial Crisis in Constitutional Perspective Author Poul F Kjaer
ISBN-10 9781847316660
Release 2011-07-27
Pages 464
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This volume presents the first thorough sociologically-informed legal analysis of the financial crisis which unfolded in 2008. It combines a multitude of theoretically informed analyses of the causes, dynamics and reactions to the crisis and contextualises these within the general structural transformations characterising contemporary society. It furthermore explores the constitutional implications of the crisis and suggests concrete changes to the constitutional set-up of contemporary society. Although the question of individual responsibility is of crucial importance, the central idea animating the volume is that the crisis cannot be reduced to a mere failure of risk perception and management for which individual and collective actors within and outside of financial organisations are responsible. The 2008 crisis should rather be understood as a symptom of far deeper structural transformations. For example contemporary society is characterised by massive accelerations in the speed with which societal processes are reproduced as well as radical expansions in the level of globalisation. These transformations have, however, been asymmetrical in nature insofar as the economic system has outpaced its legal and political counterparts. The future capability of legal and political systems to influence economic reproduction processes is therefore conditioned by equally radical transformations of their respective operational forms and self-understanding. Potentially the 2008 crisis, therefore, has far-reaching constitutional implications.



The Sociology of Law and the Global Transformation of Democracy

The Sociology of Law and the Global Transformation of Democracy Author Chris Thornhill
ISBN-10 9781107199903
Release 2018-06-21
Pages 590
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Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.



Paradoxes of European Legal Integration

Paradoxes of European Legal Integration Author Anne Lise Kjær
ISBN-10 9781351912884
Release 2016-12-05
Pages 356
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Focusing on paradoxes and tensions of European legal integration, this book investigates four complex and inherently contradictory processes - constitutionalization and democratization, institution-building and market-making, cross-cultural communication and European discourse, and cultural exceptionalism and normalization - to offer a new framework for understanding contemporary European integration. The volume features contributions from some of the biggest names in European legal philosophy, to include Neil MacCormick, Yves Dezalay and Bryant Garth, Pierre Legrand, Heikki Mattila and David Nelken. It presents a timely, interdisciplinary approach to an important and topical area and will be of interest to those concerned with the place of socio-legal processes, language and culture in the continuous advancement of the EU project.



Between Cultural Diversity and Common Heritage

Between Cultural Diversity and Common Heritage Author Dr Andrea Benzo
ISBN-10 9781472426031
Release 2014-07-28
Pages 360
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Going beyond the more usual focus on Jerusalem as a sacred place, this book presents legal perspectives on the most important sacred places of the Mediterranean. The first part of the book discusses the notion of sacred places in anthropological, sociological and legal studies and provides an overview of existing legal approaches to the protection of sacred places in order to develop and define a new legal framework. The second part introduces the meaning of sacred places in Jewish, Christian and Islamic thought and focuses on the significance and role that sacred places have in the three major monotheistic religions and how best to preserve their religious nature whilst designing a new international statute. The final part of the book is a detailed analysis of the legal status of key sacred places and holy cities in the Mediterranean area and identifies a set of legal principles to support a general framework within which specific legal measures can be implemented. The book concludes with a useful appendix for the protection of sacred places in the Mediterranean region. Including contributions from leading law and religion scholars, this interesting book will be valuable to those in the fields of international law, as well as religion and heritage studies.



The Paradox of Constitutionalism

The Paradox of Constitutionalism Author Martin Loughlin
ISBN-10 0199204969
Release 2007
Pages 375
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In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to representative and expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.