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Legal Symbolism

Author: Ji?í P?ibá?
Publisher: Routledge
ISBN: 1317105990
Size: 24.36 MB
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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.

Legal Symbolism

Author: Professor Jiří Přibáň
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409493377
Size: 42.89 MB
Format: PDF, Kindle
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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.

Networking The Rule Of Law

Author: Cristina Dallara
Publisher: Routledge
ISBN: 1317088905
Size: 37.88 MB
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Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.

Diversity In Europe

Author: Gideon Calder
Publisher: Routledge
ISBN: 1136868291
Size: 54.21 MB
Format: PDF
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From bans on religious symbols in public spaces, to the provision of abortion by doctors, recent cases across Europe have highlighted acute dilemmas about how best to respond to the claims of individuals or groups feeling that their values or beliefs are not treated fairly by the law. Diversity in Europe uses the resources of political theory alongside comparative analysis of contemporary practices in different countries (Germany, Italy, Turkey, Spain and the UK) to explore the challenges diversity poses for European democracies. Crucial throughout is whether the democratic commitment to equality entails uniformity in the law, or is compatible with saying 'yes' to some requests from citizens that they be treated differently, to accommodate their ethical, cultural and religious particularity. Such differential treatment may take several forms, e.g. group or individual rights, either to legal exemptions or to conscientious objection. Exploring these from various angles, the book gives a sense of the tools democracies need to address the challenges of diversity more generally. Making an important contribution to our understanding of the political implications of ethical, cultural and religious diversity, this book will be of interest to students and scholars of political and social philosophy, European studies, political science, social policy, applied ethics, law, and socio-legal studies.

The Politics Of Everyday Europe

Author: Kathleen R. McNamara
Publisher: OUP Oxford
ISBN: 0191025526
Size: 62.87 MB
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How do political authorities build support for themselves and their rule? Doing so is key to accruing power, but it can be a complicated affair. The European Union, as a novel political entity, faces a particularly difficult set of challenges. The Politics of Everyday Europe argues that the legitimation of EU authority rests in part on a transformation in the symbols and practices of everyday life in Europe. The Single Market and the Euro, the legal category of European Citizen and policies promoting the free movement of people, EU public architecture, arts and popular entertainment, and EU diplomacy and foreign policy all generate symbols and practices that change peoples' day-to-day experiences naturalizing European governance.The modern nation-state has long used similar strategies of nationalism and 'imagined communities' to legitimize its political power. But the EU's cultural infrastructure is unique, as it navigates European national identities with a particularly banality, trying to make the EU seem complementary to, not in competition with, the nation-states. While this cultural legitimation has successfully underpinned the EU's surprising political development, Europe today is more often met with indifference by its citizens rather than affection. As economic and political crises have stretched European social solidarity to the breaking point, this book offers a clear theoretical framework for understanding how everyday culture matters fundamentally in the political life of the EU, and how the construction of meaning can be a potent power resource-albeit one open to contestation and subversion by the very citizens it calls into being.

Pure Theory Of Law

Author: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775785
Size: 29.65 MB
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Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.Also available in cloth.

The Law

Author: Frederic Bastiat
Publisher: Cosimo, Inc.
ISBN: 1596059648
Size: 68.97 MB
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French political libertarian and economist CLAUDE FRDRIC BASTIAT (1801-1850) was one of the most eloquent champions of the concept that property rights and individual freedoms flowed from natural law. Here, in this 1850 classic, a powerful refutation of Karl Marx's Communist Manifesto, published two years earlier, Bastiat discusses: . what is law? . why socialism constitutes legal plunder . the proper function of the law . the law and morality . "the vicious circle of socialism" . the basis for stable government . and more.

A Theory Of Justice

Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Size: 46.22 MB
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Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Leviathan

Author: Thomas Hobbes
Publisher: Penguin UK
ISBN: 0141395109
Size: 61.93 MB
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'The life of man, solitary, poore, nasty, brutish, and short' Written during the chaos of the English Civil War, Thomas Hobbes' Leviathan asks how, in a world of violence and horror, can we stop ourselves from descending into anarchy? Hobbes' case for a 'common-wealth' under a powerful sovereign - or 'Leviathan' - to enforce security and the rule of law, shocked his contemporaries, and his book was publicly burnt for sedition the moment it was published. But his penetrating work of political philosophy - now fully revised and with a new introduction for this edition - opened up questions about the nature of statecraft and society that influenced governments across the world. Edited with a new introduction by Christopher Brooke