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Author: Hanne Petersen
Publisher: Routledge
ISBN: 0429778945
Category : Law
Languages : en
Pages : 227
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Book Description
First published in 1998, this volume aims to draw attention to an ongoing shift in the perception of law, which is now increasingly understood as a cultural and historical phenomenon. As other such phenomena – like music, literature, or art – it is acknowledged that it is created in a specific environment, on which it is dependent for its functioning and interpretation. The historical aspects of love in a European and Nordic context are underlined, as well as the modern understanding of love and law as incompatible and contrasting concepts. Developments within the European Union and especially the relation of the EU to so called third country nationals and immigrants demonstrate that the problematic concerning law and love is not only one of legal philosophy but also of legal and everyday reality. The claim that love has been specifically ‘European’ is discarded as Eurocentrist, and the need for more particular emotions and a more pragmatic approach to romantic feelings, for a ‘reasonable love’ is discussed from legal, feminist and philosophical perspectives.
Author: Hanne Petersen
Publisher: Routledge
ISBN: 0429778945
Category : Law
Languages : en
Pages : 227
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Book Description
First published in 1998, this volume aims to draw attention to an ongoing shift in the perception of law, which is now increasingly understood as a cultural and historical phenomenon. As other such phenomena – like music, literature, or art – it is acknowledged that it is created in a specific environment, on which it is dependent for its functioning and interpretation. The historical aspects of love in a European and Nordic context are underlined, as well as the modern understanding of love and law as incompatible and contrasting concepts. Developments within the European Union and especially the relation of the EU to so called third country nationals and immigrants demonstrate that the problematic concerning law and love is not only one of legal philosophy but also of legal and everyday reality. The claim that love has been specifically ‘European’ is discarded as Eurocentrist, and the need for more particular emotions and a more pragmatic approach to romantic feelings, for a ‘reasonable love’ is discussed from legal, feminist and philosophical perspectives.
Author: James A. Brundage
Publisher: University of Chicago Press
ISBN: 0226077896
Category : Law
Languages : en
Pages : 714
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Book Description
This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 141
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Book Description
Author: Christian Joerges
Publisher: Hart Publishing
ISBN: 1841133108
Category : History
Languages : en
Pages : 440
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Book Description
This book, written by leading scholars, presents theoretical, historical and legal inquiries into the legacy of National Socialism and Fascism.
Author: Robert Schütze
Publisher: Oxford University Press, USA
ISBN: 0199238588
Category : Law
Languages : en
Pages : 428
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Book Description
What is the federal philosophy underlying the law-making function in the European Union? Which federal model best characterizes the European Union? This book analyses and demonstrates how the European legal order evolved from a dual federalism towards a cooperative federalist philosophy.
Author: Jeremias Adams-Prassl
Publisher: Bloomsbury Publishing
ISBN: 1350929107
Category : Law
Languages : en
Pages : 371
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Book Description
This book introduces students to the great debates in EU law. Rather than simply presenting traditional approaches that provide descriptions (often in historical order) of substantive and constitutional elements of Union law, this book clusters material around these debates in an engaging and lively way. By offering concise analyses of core dilemmas and tensions in EU law, the book provides a different kind of introduction, one that helps students place the discussions within a boarder context and narrative. The authors have found in their teaching that students often struggle with individual aspects and materials without understanding broader narratives, which are traditionally developed in monographs or journal articles that are beyond the reach of undergraduate readers.
Author: Andrew Oppenheimer
Publisher: Cambridge University Press
ISBN: 9780521472968
Category : Law
Languages : en
Pages : 1042
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Book Description
This is the first comprehensive collection of court decisions dealing exclusively with the relationship between European Community law and the national laws of the Member States. It contains 90 decisions given between 1962 and 1993 by both the Community's Court of Justice (20 cases) and the courts of the 12 Member States (70 cases). The volume includes the recent decisions of national courts concerning the Maastricht Treaty. Key recurring topics of the decisions are the supremacy and direct effect of Community law, its impact on national sovereignty and constitutional rights, and the remedies available before national courts for its enforcement. All the texts are presented in English, having been translated wherever necessary. Each decision is preceded by a concise summary and key-word heading. The volume also includes a systematic introduction, digest of key-word headings, table of cases, and detailed index.
Author: Magdalena Smieszek
Publisher: Springer Nature
ISBN: 3030744132
Category : Law
Languages : en
Pages : 275
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Book Description
The book applies an interdisciplinary analytical framework, based on social psychology theories of inclusion and exclusion, to a discussion of legal discourse and the development of legal frameworks in Europe concerning migrants, asylum seekers, refugees, and European citizens. It adopts a psycho-historical perspective to discuss the evolution of international and European law with regard to the rights of citizens and asylum-seeking non-citizens, from the law’s inception following the Second World War up to present-day laws and policies. The book reveals the embracing of a European identity based on human rights as the common feature in European treaties and institutions, one that is focused on European citizens and has inclusionary objectives. However, a cognitive dissonance can also be found, as this common identity-making runs counter to national proclivities, as well as securitized, threat-perception-oriented perspectives that can produce exclusionary manifestations concerning persons seeking asylum. In particular, a view of inclusion and exclusion via legal categorizations of status, as well as distributions of social and economic rights, draws attention to the links between social psychology and international law. What emerges in the analysis: a process of creating value is present both at its psychological roots and the expressions of value in the law. Fundamentally speaking, the emergence of laws and policies that center on human beings and human dignity, when understood from a psychological and emotion-based perspective, has the potential to transcend the dissonances identified.
Author: Jan-Jaap Kuipers
Publisher: Martinus Nijhoff Publishers
ISBN: 9004206728
Category : Law
Languages : en
Pages : 383
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Book Description
The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
Author: Hartzén, Ann-Christine
Publisher: Edward Elgar Publishing
ISBN: 1800885512
Category : Law
Languages : en
Pages : 240
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Book Description
This is an open access title available under the terms of a [CC BY-NC-ND 4.0] License. It is free to read, download and share on Elgaronline.com. This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.
