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Author: Moshe Cohen-Eliya
Publisher: Cambridge University Press
ISBN: 1107021863
Category : Law
Languages : en
Pages : 183
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Book Description
A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.
Author: Moshe Cohen-Eliya
Publisher: Cambridge University Press
ISBN: 1107021863
Category : Law
Languages : en
Pages : 183
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Book Description
A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.
Author: John A. Ferejohn
Publisher: Cambridge University Press
ISBN: 9780521793704
Category : History
Languages : en
Pages : 430
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Book Description
This volume investigates the nature of constitutional democratic government in the United States and elsewhere. It provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. The collection will be of interest to students and readers in political science, law, history and political philosophy.
Author: Sandra F. VanBurkleo
Publisher:
ISBN:
Category : History
Languages : en
Pages : 472
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Book Description
Cultural history and themendment : New York Times v. Sullivan and its times / Kermit L. Hall -- New directions in American constitutional history -- Words as hard as cannon-balls : women's rights agitation -- And liberty of speech in nineteenth-century America / Sandra F. VanBurkleo -- Race, state, market, and civil society in constitutional history / Mark Tushnet -- Constitutional history and the "cultural turn" : cross -- Examining the legal-reelist narratives of Henry Fonda / Norman L. Rosenberg -- Contributors
Author: Laurence J. Kirmayer
Publisher: Cambridge University Press
ISBN: 1108580572
Category : Psychology
Languages : en
Pages : 694
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Book Description
Recent neuroscience research makes it clear that human biology is cultural biology - we develop and live our lives in socially constructed worlds that vary widely in their structure values, and institutions. This integrative volume brings together interdisciplinary perspectives from the human, social, and biological sciences to explore culture, mind, and brain interactions and their impact on personal and societal issues. Contributors provide a fresh look at emerging concepts, models, and applications of the co-constitution of culture, mind, and brain. Chapters survey the latest theoretical and methodological insights alongside the challenges in this area, and describe how these new ideas are being applied in the sciences, humanities, arts, mental health, and everyday life. Readers will gain new appreciation of the ways in which our unique biology and cultural diversity shape behavior and experience, and our ongoing adaptation to a constantly changing world.
Author: Günter Frankenberg
Publisher: Edward Elgar Publishing
ISBN: 1781952116
Category : Law
Languages : en
Pages : 383
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Book Description
ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.
Author: Robert F. Nagel
Publisher: Univ of California Press
ISBN: 9780520082786
Category : Law
Languages : en
Pages : 252
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Book Description
Author: Ulrike Bock
Publisher: Cambridge Scholars Publishing
ISBN: 1443845485
Category : History
Languages : en
Pages : 485
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Book Description
Written constitutions are an important attribute of nation states and have become a global phenomenon over the past 200 years. The process began with the revolutions in the Atlantic World, from where it spread to other regions. The present volume looks into the complex of constitutions, the fundamental values conveyed by the constitutional texts, the building and functioning of new constitutional bodies and their symbolic representation. All the authors work on the assumption that in order to fully understand the constitutional order and its history, it is necessary, in addition to studying the legal text, to analyse its special forms of implementation and legitimisation. Therefore, culture is seen as an important component of constitutional history. The volume brings together historians from Argentina, France, Germany, Great Britain, Spain and the United States; all are specialised in constitutional history and political culture in the 19th century. Their contributions include case studies on the colonial European powers as well as their colonies or ex-colonies in the Americas. A special aim of the volume is to show the connectedness of the constitutional processes that took place in these regions during the late 18th and the 19th centuries. By connecting two vibrant research areas, this volume makes an important contribution to studies on political culture and the history of the Atlantic World. The book targets a broad academic readership, especially in the fields of cultural studies, history, and political science, and contributes to an internationalisation of the academic debate on the concept of constitutional culture.
Author: Solomon A. Dersso
Publisher: Martinus Nijhoff Publishers
ISBN: 9004235531
Category : Law
Languages : en
Pages : 279
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Book Description
Despite decades of nation-building exercise, ethnic-based claims for substantive equality, justice and equitable political inclusion and socio-economic order continue to result in communal rivalries. These are claims that define and represent the issue of minorities in Africa, of which these conflicts are manifestations. Although ethnic conflicts in Africa have been a subject of a large number of studies, the potential and role of norms on minority rights to address claims that ethno-cultural groups raise has not received the attention it deserves. Based on materials from normative political theory and international human rights law and using an empirical and prescriptive analysis, this book defends a robust system of minority rights built around culture, equality and self-determination. This is employed to elaborate an adequate constitutional design providing policy frameworks (multilingual language policy, recognition and affirmation of cultural diversity,), structures (that ensure just representation and participation of members of all groups) and norms (that guarantee substantive equality and the rights to language, religion and culture). The study then proffers two cases studies (South Africa and Ethiopia) to ascertain how such constitutional design might be translated into actual policy frameworks, institutions and norms.
Author: Robert A. Paul
Publisher: University of Chicago Press
ISBN: 022624105X
Category : Social Science
Languages : en
Pages : 364
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Book Description
As social and symbolic animals—animals with language and systems of signs—humans are informed by two different kinds of heritage, one biological, the other cultural. Scholars have tended to study our genetic and symbolic lineages separately, but in recent years some have begun to explore them together, offering a “dual inheritance theory.” In this book, Robert A. Paul offers an entirely new and original consideration of our dual inheritance to date, going deep inside an extensive ethnographic record to outline a fascinating relationship between our genetic codes and symbolic systems. Examining a wide array of cultures, Paul reveals how the inherent tensions between these two modes of transmission generate many of the features of human society, such as marriage rules, initiation rituals, gender asymmetry, and sexual symbolism. Exploring differences in the requirements, range, and agendas of genetic and symbolic reproduction, he shows that a properly conceived dual inheritance model does a better job of accounting for the distinctive character of actual human societies than either evolutionary or socio-cultural construction theories can do alone. Ultimately this book offers a powerful call for a synthesis of the traditions inspired by Darwin, Durkheim, and Freud—one that is critically necessary if we are to advance our understanding of human social life.
Author: Liav Orgad
Publisher: Oxford University Press
ISBN: 019966868X
Category : Law
Languages : en
Pages : 305
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Book Description
Addressing one of the greatest challenges facing liberalism today, this book asks if is it legally and morally defensible for a liberal state to restrict immigration in order to preserve the cultural rights of majority groups. Orgad proposes a liberal approach to this dilemma and explores its dimensions, justifications, and limitations.
