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Author: E.A. Christodoulidis
Publisher: Springer Science & Business Media
ISBN: 9401139679
Category : Law
Languages : en
Pages : 403
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Book Description
Law is the great concealer; and law is everywhere. Or so claimed Marxists once upon a time. [Law] was imbricated within the mode of production and productive relations themselves . . . it intruded brusquely within alien categories, re-appearing bewigged and gowned in the form of ideology; . . . it was an arm of politics and politics was one of its arms; it was an academic discipline, subjected to the rigour of its own autonomous logic, it contributed to the definition of the self-identity of both the rulers 1 and the ruled. Does the old critique of domination still hold any sway? Apparently not. Or so even scholars of the far Left keep reminding us in their eagerness to embrace law and proclaim their allegiance to the new constitutional politics of civil society. Old Marxists now describe popular sovereignty as 'co-original' with, and democracy 'internally linked' to 2 constitutional rights and find it hard to remember what it was they once disagreed with liberals about. No tension left between emancipatory politics and oppressive law; instead we have reciprocal constitution, simultaneous realisation. In the Left's embracing of the new constitutionalisms its old critique of law - the critique of the law's concealment of class inequality, class conflict and class action - is left behind.
Author: E.A. Christodoulidis
Publisher: Springer Science & Business Media
ISBN: 9401139679
Category : Law
Languages : en
Pages : 403
Get Book Here
Book Description
Law is the great concealer; and law is everywhere. Or so claimed Marxists once upon a time. [Law] was imbricated within the mode of production and productive relations themselves . . . it intruded brusquely within alien categories, re-appearing bewigged and gowned in the form of ideology; . . . it was an arm of politics and politics was one of its arms; it was an academic discipline, subjected to the rigour of its own autonomous logic, it contributed to the definition of the self-identity of both the rulers 1 and the ruled. Does the old critique of domination still hold any sway? Apparently not. Or so even scholars of the far Left keep reminding us in their eagerness to embrace law and proclaim their allegiance to the new constitutional politics of civil society. Old Marxists now describe popular sovereignty as 'co-original' with, and democracy 'internally linked' to 2 constitutional rights and find it hard to remember what it was they once disagreed with liberals about. No tension left between emancipatory politics and oppressive law; instead we have reciprocal constitution, simultaneous realisation. In the Left's embracing of the new constitutionalisms its old critique of law - the critique of the law's concealment of class inequality, class conflict and class action - is left behind.
Author: Emilios A. Christodoulidis
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages :
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Book Description
Author: Emilios A. Christodoulidis
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 0
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Book Description
Author: Emilios Christodoulidis
Publisher: Cambridge University Press
ISBN: 1108802346
Category : Law
Languages : en
Pages : 607
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Book Description
From a legal-philosophical point of view, The Redress of Law presents a critical analysis of a number of related doctrinal fields: constitutional, labour and EU Law. Focusing on the organisation and protection of work, this book asks what it means to protect work as an essential aspect of human (individual and collective) flourishing. This is an ambitious and highly sophisticated intervention in contemporary academic and political debates around a set of critically important questions connected to processes of globalisation and market integration. The author redefines the nature of legal and political thought in an age in which market rationality has exceeded its classic domain and has come to pervade the organization of social and political life. This restatement of critical legal theory is intended to defend the concept of constitutionalism and suggest new ways to deploy the law strategically.
Author: Kevin Olson
Publisher: MIT Press
ISBN: 0262151162
Category : Philosophy
Languages : en
Pages : 265
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Book Description
An argument for justifying the welfare state politically rather than economically, based on an ideal of democratic equality.
Author: David Kairys
Publisher: Basic Books
ISBN: 0465024513
Category : Law
Languages : en
Pages : 754
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Book Description
The Politics of Law is the most widely read critique of the nature and role of the law in American society. This revised edition continues the book's concrete focus on the major subjects and fields of law. New essays on emerging fields and the latest trends and cases have been added to updated versions of the now-classic essays from earlier editions.A unique assortment of leading scholars and practitioners in law and related disciplines—political science, economics, sociology, criminology, history, and literature—raise basic questions about law, challenging long-held ideals like the separation of law from politics, economics, religion, and culture. They address such issues contextually and with a keen historical perspective as they explain and critique the law in a broad range of areas.This third edition contains essays on all of the subjects covered in the first year of law school while continuing the book's tradition of accessibility to non-law-trained readers. Insightful and powerful, The Politics of Law makes sense of the debates about judicial restraint and the range of legal controversies so central to American public life and culture.
Author: Olivier De Schutter
Publisher: Bloomsbury Publishing
ISBN: 1847315844
Category : Law
Languages : en
Pages : 266
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Book Description
Reflexive governance offers a theoretical framework for understanding modern patterns of governance in the European Union (EU) institutions and elsewhere. It offers a learning-based approach to governance, but one which can better respond to concerns about the democratic deficit and to the fulfillment of the public interest than the currently dominant neo-institutionalist approaches. The book is composed of one general introduction and eight chapters. Chapter one introduces the concept of reflexive governance and describes the overall framework. The following chapters of the book then summarise the implications of reflexive governance in major areas of domestic, EU and global policy-making. They address in turn: Services of General Interest, Corporate Governance, Institutional Frames for Markets, Regulatory Governance, Fundamental Social Rights, Healthcare Services, Global Public Services and Common Goods. While the themes are diverse, the chapters are unified by their attempt to get to the heart of which concepts of governance are dominant in each field, and what their successes and failures have been: reflexive governance then emerges as one possible response to the failures of other governance models currently being relied upon by policy-makers.
Author: Michael King
Publisher: Bloomsbury Publishing
ISBN: 1847312144
Category : Law
Languages : en
Pages : 262
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Book Description
Perhaps more than any other social theorist in recent history, Niklas Luhmann's work has aroused extreme, and often antagonistic, responses. It has generated controversies about its political implications, its resolute anti-humanism and its ambitious critique of more established definitions of society, social theory and sociology. Now, however, a steadily growing number of scholars working in many different disciplines have begun to use aspects of Luhmann's sociology as an important methodological stimulus and as a theoretical framework for reorientating their studies. This collection of essays includes critical and reconstructive contributions by a number of distinguished social theorists, political theorists, legal scholars and empirical sociologists. Together, they provide evidence of Luhmann's extensive and diverse relevance to the issues facing contemporary society, and, at the same time, they enhance our understanding of the challenges posed by his theoretical paradigm to more traditional conceptions of social theory.
Author: Ralf Rogowski
Publisher: Edward Elgar Publishing
ISBN: 085793659X
Category : Law
Languages : en
Pages : 352
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Book Description
ŠRogowski�s challenging book offers readers a rigorous but accessible introduction to the theory of reflexive law, important and original insights into current issues in industrial relations and labour law and a fascinating preview of how a broad-based
Author: Emma Lantschner
Publisher: Oxford University Press
ISBN: 0192843370
Category : Law
Languages : en
Pages : 481
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Book Description
The Covid-19 pandemic has revealed how far we as a European society still are from the proclaimed Union of Equality. The book explores how the promise of equal treatment can become a reality and compliance with the EU acquis relating to equality and non-discrimination can be improved. It studies enforcement and promotion aspects of the two watershed directives of 2000, the Racial Equality Directive 2000/43/EC and the Employment Equality Directive 2000/78/EC, through the lens of reflexive governance. This governance approach is proposed as having great potential in enhancing the likelihood of sustainability (or continuation) of reforms in the current candidate countries and EU Member States through its emphasis on reflexive learning processes and the cooperation between EU institutions, national authorities, and civil society actors. In order to deploy this potential, there is, however, a need for more consistent and transparent monitoring, both with regard to candidate countries as well as old and new Member States, and a reconsideration of the understanding of monitoring as such. It should be seen as helping to deconstruct own preference-formations and as a possibility to learn from successes and failures in a cooperative and recursive process. To work on these lacunae and improve learning and monitoring processes, this book identifies indicators, that are deduced from the comparative review of the implementation practice of the member states. This book is thus a contribution to the existing literature in the fields of Europeanization, governance, and the right to equality and non-discrimination.
