Formalism, Decisionism and Conservatism in Russian Law PDF Download
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Author: Mikhail Antonov
Publisher: BRILL
ISBN: 9004442588
Category : Law
Languages : en
Pages : 210
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Book Description
This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. The actual conservative narratives, about the distinctiveness of Russian law, reveal certain features of the intellectual culture that is transmitted in legal education, scholarship and practice. These narratives are based on the idea of sovereignty understood as legal omnipotence of the state. References to sovereignty justify the requirement of legality in the sense of fidelity to the letter of the law. They also often serve as a rationale for crafting exceptions to constitutional non-discrimination principles as they are applied to political, religious, sexual and other minorities.
Author: Mikhail Antonov
Publisher: BRILL
ISBN: 9004442588
Category : Law
Languages : en
Pages : 210
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Book Description
This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. The actual conservative narratives, about the distinctiveness of Russian law, reveal certain features of the intellectual culture that is transmitted in legal education, scholarship and practice. These narratives are based on the idea of sovereignty understood as legal omnipotence of the state. References to sovereignty justify the requirement of legality in the sense of fidelity to the letter of the law. They also often serve as a rationale for crafting exceptions to constitutional non-discrimination principles as they are applied to political, religious, sexual and other minorities.
Author: Cosmin Cercel
Publisher: Taylor & Francis
ISBN: 1003812953
Category : Law
Languages : en
Pages : 375
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Book Description
Mirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.
Author: Joseph Marko
Publisher: BRILL
ISBN: 9004515879
Category : Law
Languages : en
Pages : 465
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Book Description
This volume provides a comprehensive overview of the various features and challenges of the relationships between peace, state, law, and education in their transnational and international context.
Author: Jane Henderson
Publisher: Bloomsbury Publishing
ISBN: 1509935584
Category : Law
Languages : en
Pages : 248
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Book Description
'[The] scholarship is consistently thorough and lucid, and absolutely reliable' European Public Law As reviews of the first edition attest, this book gives a unique critical and contextual insight into the Constitution of one the world's most powerful countries. Its first edition was published in 2011, when Dmitrii Medvedev was Russia's President. Since then there was a regime change in 2012 as Vladimir Putin returned to the presidency, and, significantly, dramatic shifts in constitutionality as Russia pursues a 'return to traditional values'. The book explores the Constitution's evolution over its nearly 30 years' existence, including the significant amendments of 2020. This second edition situates these important changes in the context of Russia's historical and legal development, as Putin continues to dominate the political scene. It also looks at broader constitutional questions on the interrelation between the main State agencies, the role of the courts, human rights and their enforcement.
Author: Rafał Mańko
Publisher: Taylor & Francis
ISBN: 1003818862
Category : Law
Languages : en
Pages : 276
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Book Description
This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.
Author:
Publisher: BRILL
ISBN: 9004713808
Category : Religion
Languages : en
Pages : 350
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Book Description
This volume presents a comparative study on the pivotal role of religion in social transformation of Central and Eastern Europe (CEE) over the past three decades. Organized into four thematic sections, it examines divergent patterns of religiosity and non-religious worldviews, secularization, religious presence in public life, and processes of identity formation. Comparison across the countries in the CEE reveals the absence of uniform and synchronic dynamics in the region. The geopolitical and cultural heterogeneity, the need to understand post-1989 social processes in the context of a much longer historical development of the region, and the importance of incorporating religious factors — are central to all contributions in this volume. Contributors are: Mikhail Antonov, Olga Breskaya, Zsuzsanna Demeter-Karászi, Jan Kaňák, Alar Kilp, Zsófia Kocsis, Tobias Koellner, Valéria Markos, András Máté-Tóth, Jerry G. Pankhurst, Gabriella Pusztai, Ringo Ringvee, Ariane Sadjed, Marjan Smrke, Miroslav Tížik, David Václavík, Jan Váně, Marko Veković, and Siniša Zrinščak.
Author: Hanna H. Wei
Publisher: BRILL
ISBN: 9004312048
Category : Law
Languages : en
Pages : 276
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Book Description
In A Dialogical Concept of Minority Rights, Hanna H. Wei demonstrates that a more plausible and realistic concept of minority rights should consist of not only rights against the state but also rights against the group. She formulates and defends three separate but related rights to dialogue, and thoroughly analyses how they may operate not only to maintain a healthy balance between the minorities’ need to be culturally distinct and their need to relate to and belong in the larger society, but also that they address the generalisations and presuppositions on which the debate of multiculturalism has been based, and constitute the first step of a possible solution to many of the theoretical and practical difficulties of minority protection.
Author: Richard Lang
Publisher: BRILL
ISBN: 9004354263
Category : Law
Languages : en
Pages : 390
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Book Description
The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.
Author: Grégor Puppinck
Publisher: BRILL
ISBN: 9004341609
Category : Law
Languages : en
Pages : 83
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Book Description
To which extent is it legitimate, in view of freedom of conscience and religion, to sanction individuals for refusing to take part in an activity they claim to be incompatible with their moral or religious convictions? To answer this question, this study first clarifies some of the concepts of conscientious objection. Then it examines the case law of international bodies and draws distinctions in order to differentiate several types of objections, hence identifying the evaluation criteria applicable to the respect that each one deserves. Finally, this study proposes indications as to the rights and obligations of the State in front of those different types of objections.
Author: Gaetano Pentassuglia
Publisher: BRILL
ISBN: 9004328785
Category : Law
Languages : en
Pages : 389
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Book Description
What is the role of ethno-cultural groups in human rights discourse? Under international human rights law, standards are unclear and ambivalent, while traditional analyses have often failed to elucidate and unpack the conceptual, legal, and policy complexities involved. In Ethno-Cultural Diversity and Human Rights, prominent experts chart new territory by addressing contested dimensions of the field. They include the impact of collective interests on rights discourse and nation-building, international law’s responses to group demands for decision-making authority, and concerns for immigration, intersectionality, and peacebuilding. Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, this volume will be essential reading for scholars and practitioners of human rights, diversity, and conflict management.
