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Sovereignty in Post Sovereign Society

Sovereignty in Post Sovereign Society Author Ji?í P?ibá?
ISBN-10 9781317052081
Release 2016-03-09
Pages 262
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Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.



Self Constitution of European Society

Self Constitution of European Society Author Jiří Přibáň
ISBN-10 9781317057529
Release 2016-05-26
Pages 346
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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.



Religious Liberty and the Law

Religious Liberty and the Law Author Angus J. L. Menuge
ISBN-10 9781351982665
Release 2017-07-20
Pages 240
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Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite the protection of religious liberty at both national and supranational levels, there is an increasing number of conflicts concerning the proper way to recognize it – both in modern secular states and in countries with an established religion or theocratic mode of government. This book provides an analysis of the general concept of religious liberty along with a close study of important cases that can serve as test beds for conflict resolution proposals. It combines the insights of both pure academics and experienced legal practitioners to take a fresh look at the nature, scope and limits of religious liberty. Divided into two parts, the collection presents a blend of legal and philosophical approaches, and draws on cases from a wide range of jurisdictions, including Brazil, India, Australia, the USA, the Netherlands, and Canada. Presenting a broad range of views, this often provocative volume makes for fascinating reading for academics and researchers working in the areas of law and religion, legal philosophy and human rights.



Globalization and Sovereignty

Globalization and Sovereignty Author Jean L. Cohen
ISBN-10 9781139560269
Release 2012-08-02
Pages
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Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.



Sovereignty in Transition

Sovereignty in Transition Author Neil Walker
ISBN-10 9781847316967
Release 2003-11-28
Pages 572
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Sovereignty in Transition brings together a group of leading scholars from law and cognate disciplines to assess contemporary developments in the framework of ideas and the variety of institutional forms associated with the concept of sovereignty. Sovereignty has been described as the main organising concept of the international society of states - one which is traditionally central to the discipline and practice of both constitutional law and of international law. The volume asks to what extent,and with what implications, this centrality is challenged by contemporary developments that shift authority away from the state to new sub-state, supra-state and non-state forms. A particular focus of attention is the European Union, and the relationship between the sovereignty traditions of various member states on the one hand and the new claims to authority made on behalf of the European Union itself on the other are examined. The collection also includes contributions from international law, legal philosophy, legal history, political theory, political science, international relations and theology that seek to examine the state of the sovereignty debate in these disciplines in ways that throw light on the focal constitutional debate in the European Union.



Sovereignty

Sovereignty Author Bertrand de Jouvenel
ISBN-10 9781107600171
Release 2012-01-26
Pages 336
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Bertrand de Jouvenel examines the relationship between the distribution of power and the creation of an ethical society.



Pure Theory of Law

Pure Theory of Law Author Hans Kelsen
ISBN-10 0520036921
Release 1967
Pages 356
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Pure Theory of Law has been writing in one form or another for most of life. You can find so many inspiration from Pure Theory of Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Pure Theory of Law book for free.



Leviathan

Leviathan Author Thomas Hobbes
ISBN-10 9781541518421
Release 2018-01-01
Pages 708
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During the upheaval of the English Civil War in the seventeenth century, political philosopher Thomas Hobbes composed his masterwork, Leviathan. It was first published in 1651, between the trial and execution of King Charles I and the creation of the Commonwealth of England under Oliver Cromwell. In his book, Hobbes argued that a strong and undivided central government was necessary to maintain societal order. By accepting the rule of a sovereign authority figure—which Hobbes called the "Leviathan" after the biblical sea monster—humans could avoid being ruled instead by self-interest and fear, and so escape humankind's natural state of war and violence. This is an unabridged version of Hobbes's most famous philosophical text, which established social contract theory and remained influential in political philosophy for centuries.



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.



Constitutionalism and the Separation of Powers

Constitutionalism and the Separation of Powers Author M. J. C. Vile
ISBN-10 0865971757
Release 1998
Pages 455
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Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.



Global Constitutionalism in International Legal Perspective

Global Constitutionalism in International Legal Perspective Author Christine EJ Schwöbel
ISBN-10 9789004191150
Release 2011-03-21
Pages 205
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Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.



Bodin On Sovereignty

Bodin  On Sovereignty Author Jean Bodin
ISBN-10 0521349923
Release 1992-04-24
Pages 141
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This volume contains the essential points of Jean Bodin's theory of sovereignty, a landmark in legal theory and royalist ideology. The four chapters presented form the core of Bodin's classic work, Six Livres de la Republique. Bodin was primarily responsible for introducing the seductive but erroneous notion that sovereignty is indivisible, that the entire power of the state had to be vested in a single individual or group. This thesis, combined with the prevailing crisis of authority during the French religious wars, led Bodin to a systematically absolutist interpretation of the French and other European monarchies. This is the first complete translation of this material into English since 1606, and is accompanied by a lucid introduction, chronology, and bibliography.



The Oxford Handbook of International Political Theory

The Oxford Handbook of International Political Theory Author Chris Brown
ISBN-10 9780198746928
Release 2018-03
Pages 712
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International Political Theory (IPT) focuses on the point where two fields of study meet - International Relations and Political Theory. It takes from the former a central concern with the 'international' broadly defined; from the latter it takes a broadly normative identity. IPT studies the 'ought' questions that have been ignored or side-lined by the modern study of International Relations and the 'international' dimension that Political Theory has in the past neglected. A central proposition of IPT is that the 'domestic' and the 'international' cannot be treated as self-contained spheres, although this does not preclude states and the states-system from being regarded by some practitioners of IPT as central points of reference. This Handbook provides an authoritative account of the issues, debates, and perspectives in the field, guided by two basic questions concerning its purposes and methods of inquiry. First, how does IPT connect with real world politics? In particular, how does it engage with real world problems, and position itself in relation to the practices of real world politics? And second, following on from this, what is the relationship between IPT and empirical research in international relations? This Handbook showcases the distinctive and valuable contribution of normative inquiry not just for its own sake but also in addressing real world problems. The Oxford Handbooks of International Relations is a twelve-volume set of reference books offering authoritative and innovative engagements with the principal sub-fields of International Relations. The series as a whole is under the General Editorship of Christian Reus-Smith of the University of Queensland and Duncan Snidal of the University of Oxford, with each volume edited by a distinguished pair of specialists in their respective fields. The series both surveys the broad terrain of International Relations scholarship and reshapes it, pushing each sub-field in challenging new directions. Following the example of the original Reus-Smit and Snidal The Oxford Handbook of International Relations, each volume is organized around a strong central thematic by a pair of scholars drawn from alternative perspectives, reading its sub-field in an entirely new way, and pushing scholarship in challenging new directions.



Liquid Society and Its Law

Liquid Society and Its Law Author Jirí Pribán
ISBN-10 9781317104735
Release 2016-05-06
Pages 236
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This collection of essays brings together Zygmunt Bauman and a number of internationally distinguished legal scholars who examine the influence of Bauman's recent works on social theory of law and socio-legal studies. Contributors focus on the concept of 'liquid society' and its adoption by legal scholars. The volume opens with Bauman's analysis of fears and policing in 'liquid society' and continues by examining the social and legal theoretical context and implications of Bauman's theory.



Definition and Development of Human Rights and Popular Sovereignty in Europe

Definition and Development of Human Rights and Popular Sovereignty in Europe Author European Commission for Democracy through Law
ISBN-10 9287171343
Release 2011
Pages 231
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What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?



Constitutionalism and Democracy

Constitutionalism and Democracy Author Richard Bellamy
ISBN-10 9781351571142
Release 2017-07-05
Pages 622
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Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.



Legal Symbolism

Legal Symbolism Author Jiří Přibáň
ISBN-10 9781317106005
Release 2016-04-22
Pages 242
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Jirí Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.