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Author: Boaventura de Sousa Santos
Publisher: Taylor & Francis
ISBN: 1000914097
Category : Political Science
Languages : en
Pages : 355
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Book Description
The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.
Author: Boaventura de Sousa Santos
Publisher: Taylor & Francis
ISBN: 1000914097
Category : Political Science
Languages : en
Pages : 355
Get Book Here
Book Description
The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.
Author: Adamantia Pollis
Publisher: Lynne Rienner Publishers
ISBN: 9781555879792
Category : Political Science
Languages : en
Pages : 280
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Book Description
5. Human environmental rights, Barbara Rose Johnston
Author: Salvatore Bonfiglio
Publisher: Routledge
ISBN: 9781138393905
Category : Civil rights
Languages : en
Pages : 0
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Book Description
This book argues that the effective protection of fundamental rights in a contemporary, multicultural society requires not only tolerance and respect for others, but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays, all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural, this book elaborates a new, and more fundamentally, pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination, this book argues, it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not, then, based on abstract principles, but nor is it bound to any particular cultural norm. Rather, intercultural constitutionalism allows the interpretation of rights, rules and legal principles, which are established in different contexts.
Author: Damien Short
Publisher: Routledge
ISBN: 1136313869
Category : Law
Languages : en
Pages : 497
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Book Description
This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.
Author: Alexander Livingston
Publisher: Taylor & Francis
ISBN: 1000581632
Category : Political Science
Languages : en
Pages : 305
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Book Description
James Tully’s scholarship has profoundly transformed the study of political thought by reconstructing the practice of political theory as a democratising and diversifying dialogue between scholars and citizens. Across his writings on topics ranging from the historical origins of property, constitutionalism in diverse societies, imperialism and globalisation, and global citizenship in an era of climate crisis, Tully has developed a participatory mode of political theorising and political change called public philosophy. This practice-oriented approach to political thought and its active role in the struggles of citizens has posed fundamental challenges to modern political thought and launched new lines of inquiry in the study of constitutionalism, democracy and citizenship, settler colonialism, comparative political theory, nonviolence, and ecological sustainability. James Tully: To Think and Act Differently collects classic, contemporary, and previously unpublished writings from across Tully’s four decades of scholarship to shed new light on these dialogues of reciprocal elucidation with citizens, scholars, and the history of political thought, and the ways Tully has enlarged our understanding of democracy, diversity, and the task of political theory.
Author: Thomas Christiansen
Publisher: SAGE
ISBN: 9780761972655
Category : Political Science
Languages : en
Pages : 252
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Book Description
This book is the first to systematically introduce and apply a social constructivist perspective to the study of European integration. Social constructivism is carefully located in terms of its philosophical and methodological origins. The wider debates and contribution of constructivist approaches to international relations are reviewed, and the insights that might then be afforded to European studies fully explored. Highlights include: new theoretical contributions to the debate by Ernst B. Haas, Andrew Moravcsik and Steve Smith; research on key aspects of European integration and EU governance applying a variety of constructivist approaches. The Social Construction of Europe provides new and important in
Author: Alan Patten
Publisher: Princeton University Press
ISBN: 0691173559
Category : Political Science
Languages : en
Pages : 343
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Book Description
Conflicting claims about culture are a familiar refrain of political life in the contemporary world. On one side, majorities seek to fashion the state in their own image, while on the other, cultural minorities press for greater recognition and accommodation. Theories of liberal democracy are at odds about the merits of these competing claims. Multicultural liberals hold that particular minority rights are a requirement of justice conceived of in a broadly liberal fashion. Critics, in turn, have questioned the motivations, coherence, and normative validity of such defenses of multiculturalism. In Equal Recognition, Alan Patten reasserts the case in favor of liberal multiculturalism by developing a new ethical defense of minority rights. Patten seeks to restate the case for liberal multiculturalism in a form that is responsive to the major concerns of critics. He describes a new, nonessentialist account of culture, and he rehabilitates and reconceptualizes the idea of liberal neutrality and uses this idea to develop a distinctive normative argument for minority rights. The book elaborates and applies its core theoretical framework by exploring several important contexts in which minority rights have been considered, including debates about language rights, secession, and immigrant integration. Demonstrating that traditional, nonmulticultural versions of liberalism are unsatisfactory, Equal Recognition will engage readers interested in connections among liberal democracy, nationalism, and current multicultural issues.
Author: Darryl Cronin
Publisher: Rowman & Littlefield
ISBN: 1786611465
Category : Political Science
Languages : en
Pages : 281
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Book Description
The Australian nation has reached an impasse in Indigenous policy and practice and fresh strategies and perspectives are required. Trapped by History highlights a fundamental issue that the Australian nation must confront to develop a genuine relationship with Indigenous Australians. The existing relationship between Indigenous people and the Australian state was constructed on the myth of an empty land – terra nullius. Interactions with Indigenous people have been constrained by eighteenth-century assumptions and beliefs that Indigenous people did not have organised societies, had neither land ownership nor a recognisable form of sovereignty, and that they were ‘savage’ but could be ‘civilized’ through the erasure of their culture. These incorrect assumptions and beliefs are the foundation of the legal, constitutional and political treatment of Indigenous Australians over the course of the country’s history. They remain ingrained in governmental institutions, Indigenous policy making, judicial decision making and contemporary public attitudes about Indigenous people. Trapped by History shines new light upon historical and contemporary examples where Indigenous people have attempted to engage and dialogue with state and federal governments. These governments have responded by trying to suppress and discredit Indigenous rights, culture and identities and impose assimilationist policies. In doing so they have rejected or ignored Indigenous attempts at dialogue and partnership. Other settler countries such as New Zealand, Canada and the United States of America have all negotiated treaties with Indigenous people and have developed constitutional ways of engaging cross culturally. In Australia, the limited recognition that Indigenous people have achieved to date shows that the state is unable to resolve long standing issues with Indigenous people. Movement beyond the current colonial relationship with Indigenous Australians requires a genuine dialogue to not only examine the legal and intellectual framework that constrains Indigenous recognition but to create new foundations for a renewed relationship based on intercultural negotiation, mutual respect, sharing and mutual responsibility. This must involve building a shared understanding around addressing past injustices and creating a shared vision for how Indigenous people and other Australians will associate politically in the future.
Author: Aydin Atilgan
Publisher: Springer
ISBN: 3662556472
Category : Law
Languages : en
Pages : 322
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Book Description
This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global “constitutional culture” instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.
Author: Pasquale Viola
Publisher: Springer Nature
ISBN: 3030973360
Category : Technology & Engineering
Languages : en
Pages : 140
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Book Description
While civil society and social movements claim for more effective measures to cope with anthropogenic climate change, legal scholars are witnessing the “aurora” of climate change law. What is quite relevant in this double-process of recognition/establishment is the interdisciplinary nature of such a field of studies, which goes beyond formalistic legal aspects. Based on the need to rethink legal paradigms, “Climate Constitutionalism Momentum: Adaptive Legal Systems” deals with three major means to combat anthropogenic climate change—namely science, politics and law—further addressing the thesis regarding a supposed adaptiveness of legal systems and proposing new pathways for further inquiries on the current climate constitutionalism momentum. The book introduces the international efforts in acknowledging the need for concrete measures to achieve ambitious results, addressing the comparative public law debate, merging theoretical appraisals and quantitative insights under a top-down approach and a civil-law methodology. Furthermore, the book combines theoretical and empirical viewpoints in reference to climate justice and litigation. The last part of the argumentative pattern merges the aforementioned key elements and grounds of investigation, providing an overall account of the current climate constitutionalism momentum. Academic researchers are the book’s primary audience, but it is also targeted for undergraduate and postgraduate students of specific courses. For the numerous insights and the contemporary relevance of the topic, the book is also addressed to political stakeholders and legal practitioners. Given the transnational development of this area of law, the expected audience of the book is global.
