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Sword And Scales

Author: Martin Loughlin
Publisher: Bloomsbury Publishing
ISBN: 1847316786
Size: 40.52 MB
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This short and accessible book provides a provocative re-assessment of the various tangled relationships between law and politics and in so doing examines legal and political thinking on such critical areas as justice,the state, constitutionalism and rights. It introduces lawyers especially to certain important themes in some of the key texts in political thought and introduces political scientists to the legal dimensions of a number of central themes of political studies. Written by one of the leading theorists in constitutional law, the book should prove to be an indispensable companion for any student or teacher interested in law and politics. Contents I. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. Conclusions

Reasoning With Law

Author: Andrew Halpin
Publisher: Hart Publishing
ISBN: 1841130702
Size: 40.15 MB
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The reader is invited to follow a route that visits Fish's view of theory and practice, Raz's legal reasoning thesis, theoretical models of judicial review, Dworkin's right answer thesis, the law of the excluded middle and Lukasiewicz's development of three-valued logic, Wittgenstein's language games, and Moore's metaphysical realism. The destination is the practice at the heart of legal reasoning. It is suggested that this manifests the way in which the limitations of language and the incompleteness of human experience allow the opportunity for coherent development of the law and at the same time produce an inherent incoherence within the law. The book should be of interest to advanced undergraduate students (particularly on jurisprudence courses), postgraduate students, academics, and practitioners concerned to reflect on the nature of the discipline they practice.

Reclaiming Constitutionalism

Author: Maria Tzanakopoulou
Publisher: Bloomsbury Publishing
ISBN: 150991613X
Size: 11.58 MB
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Reclaiming Constitutionalism articulates an argument for why the constitutional phenomenon remains attached to the state – despite the recent advent of theories of global constitutionalism. Drawing from the idea that constitutionalism historically sought to build social consensus, this book argues that the primary aim of constitutionalism is to create social peace and to shield, rather than to limit, the power of political elites in any given state. Implicit in the effort to preserve social peace is the fundamentally important acknowledgement of social conflict. Constitutionalism seeks to offer a balance between opposing social forces. However, this balancing process can sometimes ignite, rather than appease, social conflict. Constitutionalism may thus further a project of social struggles and emancipation, for it incorporates within its very nucleus the potential for an agonistic version of democracy. In light of the connection between social conflict and constitutionalism, this book explores the conditions for and locations of the former. From the state and the EU to the global level, it considers the role of citizenship, national identities, democracy, power, and ideology, in order to conclude that the state is the only site that satisfies the prerequisites for social conflict. Reclaiming constitutionalism means building a discourse that opens up an emancipatory potential; a potential that, under current conditions, cannot be fulfilled beyond the borders of the state.

Constitutional Rights After Globalization

Author: Gavin Anderson
Publisher: Bloomsbury Publishing
ISBN: 1847312454
Size: 19.36 MB
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Constitutional Rights after Globalization juxtaposes the globalization of the economy and the worldwide spread of constitutional charters of rights. The shift of political authority to powerful economic actors entailed by neo-liberal globalization challenges the traditional state-centred focus of constitutional law. Contemporary debate has responded to this challenge in normative terms, whether by reinterpreting rights or redirecting their ends, e.g. to reach private actors. However, globalization undermines the liberal legalist epistemology on which these approaches rest, by positing the existence of multiple sites of legal production, (e.g. multinational corporations) beyond the state. This dynamic, between globalization and legal pluralism on one side, and rights constitutionalism on the other, provides the context for addressing the question of rights constitutionalism's counterhegemonic potential. This shows first that the interpretive and instrumental assumptions underlying constitutional adjudication are empirically suspect: constitutional law tends more to disorder than coherence, and frequently is an ineffective tool for social change. Instead, legal pluralism contends that constitutionalism's importance lies in symbolic terms as a legitimating discourse. The competing liberal and 'new' politics of definition (the latter highlighting how neoliberal values and institutions constrain political action) are contrasted to show how each advances different agenda. A comparative survey of constitutionalism's engagement with private power shows that conceiving of constitutions in the predominant liberal, legalist mode has broadly favoured hegemonic interests. It is concluded that counterhegemonic forms of constitutional discourse cannot be effected within, but only by unthinking, the dominant liberal legalist paradigm, in a manner that takes seriously all exercises of political power.

Constitutional Law And National Pluralism

Author: Stephen Tierney
Publisher: Oxford : Oxford University Press
ISBN: 9780199265565
Size: 50.53 MB
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"Over the past thirty years, sub-State national minorities in a number of developed liberal democracies have both reasserted their cultural distinctiveness and demanded recognition of it in legal and political terms. This phenomenon has been the subject of considerable study by sociologists, political scientists, and political theorists. This book differs by offering a study of the consequences of these rights claims for legal systems. It examines the role played by law, especially constitutional law, in the negotiation of the complex relationships and competing rights claims involving the State, national minorities, and other groups and individuals within the State."--BOOK JACKET.

Citizenship In Contemporary Europe

Author: Michael Lister
Publisher:
ISBN: 9780748633425
Size: 12.43 MB
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In the era of globalisation, European integration, mass migration, and changing patterns of political participation and welfare state provision, the precise shape and structure of citizenship in Europe seems to be altering. This book explores these developments through the analysis of a range of perspectives, uniting a theoretical orientation with an empirical approach. The central theme of the book is that the way in which we assess the impact of these changes on citizenship depends upon how we view citizenship theoretically.The text is divided into two sections. First, the book identifies three main theoretical approaches to citizenship: classical positions (liberal, communitarian and republican); multiculturalist and feminist theories of citizenship; and the further challenge raised by post-national or cosmopolitan theories of citizenship. The second section focuses on four key social, economic and political developments - migration, political participation, the welfare state and European integration - all of which raise fundamental questions about the status and meaning of citizenship in contemporary Europe.

Barriers To Reconciliation

Author: Jacqueline S. Ismael
Publisher: University Press of Amer
ISBN: 9780761835547
Size: 41.37 MB
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Ismael (social work, U. of Calgary, Canada) and Haddad (history, California State U. at Fullerton, US) present 12 chapters analyzing structural obstacles to peace and reconciliation in US-occupied Iraq and Israel/Palestine. The Iraq chapters analyze the US occupation as a neo-colonial revival of Manifest Destiny, discuss US funded Iraqi women's non