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Globalization And Human Rights

Author: Jesús Ballesteros
Publisher: Springer Science & Business Media
ISBN: 9400740204
Size: 60.24 MB
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Globalisation turns out to be untenable because it does not guarantee minimum social equity, peace and respect for the environment, and therefore does not guarantee the effective accomplishment of human rights. This book analyzes this issue and raises proposals for a new perspective. The first part describes the soft threats to human rights, derived from the devaluation of the politics and the productive economy with regard to the finance. It entails the concealment of the reality in the shape of exploitation as the tax havens and in the shape of marginalization of the persons with different abilities. The second part include a study of hard threats to human rights and examines two cases of failed states: Afghanistan and Somalia, in which the violence has supplanted the politics and the economy. In view of these situations it is necessary to rethink the force of classic ius gentium and the humanitarian right. The third part presents the European Union as a legal and political space in which conditions of a worthy life are better defended by means of the Primacy of Practical Reason and Social State of Law, and by the requirement of peace as the main rule of international relations.

The Internationalization Of Law And Legal Education

Author: Jan Klabbers
Publisher: Springer Science & Business Media
ISBN: 1402094949
Size: 44.94 MB
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The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.

The New Global Law

Author: Rafael Domingo
Publisher: Cambridge University Press
ISBN: 1139485946
Size: 34.60 MB
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The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

Aristotle And The Philosophy Of Law Theory Practice And Justice

Author: Liesbeth Huppes-Cluysenaer
Publisher: Springer Science & Business Media
ISBN: 9400760310
Size: 29.67 MB
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The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.

The Alchemists

Author: Tom Gerald Daly
Publisher: Cambridge University Press
ISBN: 1108287190
Size: 50.34 MB
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Can courts really build democracy in a state emerging from authoritarian rule? This book presents a searching critique of the contemporary global model of democracy-building for post-authoritarian states, arguing that it places excessive reliance on courts. Since 1945, both constitutional courts and international human rights courts have been increasingly perceived as alchemists, capable of transmuting the base materials of a nascent democracy into the gold of a functioning democratic system. By charting the development of this model, and critically analysing the evidence and claims for courts as democracy-builders, this book argues that the decades-long trend toward ever greater reliance on courts is based as much on faith as fact, and can often be counter-productive. Offering a sustained corrective to unrealistic perceptions of courts as democracy-builders, the book points the way toward a much needed rethinking of democracy-building models and a re-evaluation of how we employ courts in this role.

Immigration Detention And Human Rights

Author: Galina Cornelisse
Publisher: BRILL
ISBN: 9004173706
Size: 66.52 MB
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Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.

The Joy Of The Gospel

Author: Pope Francis
Publisher: Image
ISBN: 0553419544
Size: 66.97 MB
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The perfect gift! A specially priced, beautifully designed hardcover edition of The Joy of the Gospel with a foreword by Robert Barron and an afterword by James Martin, SJ. “The joy of the gospel fills the hearts and lives of all who encounter Jesus… In this Exhortation I wish to encourage the Christian faithful to embark upon a new chapter of evangelization marked by this joy, while pointing out new paths for the Church’s journey in years to come.” – Pope Francis This special edition of Pope Francis's popular message of hope explores themes that are important for believers in the 21st century. Examining the many obstacles to faith and what can be done to overcome those hurdles, he emphasizes the importance of service to God and all his creation. Advocating for “the homeless, the addicted, refugees, indigenous peoples, the elderly who are increasingly isolated and abandoned,” the Holy Father shows us how to respond to poverty and current economic challenges that affect us locally and globally. Ultimately, Pope Francis demonstrates how to develop a more personal relationship with Jesus Christ, “to recognize the traces of God’s Spirit in events great and small.” Profound in its insight, yet warm and accessible in its tone, The Joy of the Gospel is a call to action to live a life motivated by divine love and, in turn, to experience heaven on earth. Includes a foreword by Robert Barron, author of Catholicism: A Journey to the Heart of the Faith and James Martin, SJ, author of Jesus: A Pilgrimage From the Hardcover edition.