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Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1317106008
Category : Law
Languages : en
Pages : 243
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Book Description
Jirí Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.
Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1317106008
Category : Law
Languages : en
Pages : 243
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Book Description
Jirí Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.
Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1317105990
Category : Law
Languages : en
Pages : 410
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Book Description
Jirí Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.
Author: Anne Wagner
Publisher: Bloomsbury Publishing
ISBN: 1847312063
Category : Law
Languages : en
Pages : 286
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Book Description
The law is a symbolic construction and therefore rests on a variety of undertakings. What gives law its meaning is,for some, ideology, for others, the welfare of the majority. However, what is manifest is a conception of the law as a material structure that carries symbols of everyday life. The analyses that are made in the law and semiotics movements show that the laws symbolism cannot be understood by reference only to itself, a strictly legal meaning. It is a symbol that conveys life, a symbol that in itself is contaminated with life, politics, morality and so on. Law and Semiotics is an obvious meeting point between traditions, because it is the place where all the discussions about the law can find a common language. This is a collection of different papers where the institution of the law is investigated, in combination with, and as part of, a multiplicity of sign systems. Firstly, law can be understood as part of a global system of meaning (Part I) ; and, secondly, that despite the homogenising threat of globalisation, the play of legal meaning retains a socio-historical specificity (Part II). The global issues of human migration, human rights, colonisation and transnational power are played out in local spaces, in the public discourses through which they are given localised representation, in moments of activism, and as a tool of subversion. The law is a rhetorical device which at once constitutes these global and local truths but which is also constituted by them.
Author: Meir Malul
Publisher:
ISBN:
Category : Cuneiform inscriptions
Languages : en
Pages : 536
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Book Description
Author: Åke Viberg
Publisher: BoD - Books on Demand
ISBN: 9188906132
Category : Religion
Languages : en
Pages : 222
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Book Description
This analysis deals with Old Testament law in the form of legal symbolic acts, defined as non-verbal acts which fulfil a legal function when performed under the proper circumstances and when the legal function is different from the physical result of the act. Legal symbolic acts belong to customary law. Since the customary law of ancient Israel is not as well-known as the codified law, these acts provide important information regarding the customary law of ancient Israel. Legal symbolic acts are also conventional, i.e., they are not so much dependent upon their performance for their meaning as upon the general agreement attached to the acts by those who form the surrounding socio-cultural context. This invites a contextual approach to the texts in which the acts are described. Such a contextual approach also restricts the use of comparative material to an illustrative function. Only when the literary context cannot be used to conclude whether it is a case of a legal symbolic act or not, will the comparative material be used in a further, explanatory sense. The analysis focuses on the three aspects of performance, legal function, and historical explanation, and includes the following acts: raising the hand, shaking the hand, putting the hand under the thigh, walking through a divided animal, sharing a meal, piercing the ear of a slave, anointing the head with oil, grasping the horns of the altar, transferring the mantle, covering a woman with the mantle, removing the sandal, and putting a child on the knees.
Author: Mauricio García-Villegas
Publisher: Cambridge University Press
ISBN: 1108482716
Category : Law
Languages : en
Pages : 241
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Book Description
García-Villegas compares the scholarship on the relationship between law, political power, and society in the United States and France.
Author: Deniz Coskun
Publisher: Springer Science & Business Media
ISBN: 1402062567
Category : Law
Languages : en
Pages : 388
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Book Description
This book describes the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force. It synthesizes a vast amount of current Cassirer-literature and makes a contribution to jurisprudence. The book is the first systematic elaboration on law as a symbolic form and it sheds new light on a still dark area of intellectual and jurisprudential thought.
Author: Sylvie Bacquet
Publisher: Routledge
ISBN: 9780367727284
Category : Freedom of religion
Languages : en
Pages : 164
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Book Description
In contemporary pluralist states, where faith communities live together, different religious symbols and practices have to coexist. This may lead to conflicts between certain minority practices and the dominant majority, particularly around the manifestation of belief in the public domain which may be seen both by the religious and secular majorities as a threat to their cultural heritage or against the secular values of the host country. The law has to mitigate those tensions in order to protect the public from harm and preserve order but in doing so, it may where necessary have to limit citizens' ability to freely manifest their religion. It is those limitations that have been disputed in the courts on grounds of freedom of religion and belief. Religious symbols are often at the heart of legal battles, with courts called upon to consider the lawfulness of banning or restricting certain symbols or practices. This book analyses the relationship between the state, individuals and religious symbols, considering the three main forms of religious expression, symbols that believers wear on their body, symbols in the public space such as religious edifices and rituals that believers perform as a manifestation of their faith. The book looks comparatively at legal responses in England, the U.S.A and France comparing different approaches to the issues of symbols in the public sphere and their interaction with the law. The book considers religious manifestation as a social phenomenon taking a multidisciplinary approach to the question mixing elements of the anthropology, history and sociology of religion in order to provide some context and examine how this could help inform the law.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1120
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Book Description
Author: Bart van Klink
Publisher: Springer
ISBN: 3319333658
Category : Law
Languages : en
Pages : 301
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Book Description
This edited volume covers new ground by bringing together perspectives from symbolic legislation theory on the one hand, and from biolaw and bioethics on the other hand. Symbolic legislation has a bad name. It usually refers to instances of legislation which are ineffective and that serve other political and social goals than the goals officially stated. Recently, a more positive notion of symbolic legislation has emerged in legislative theory. From this perspective, symbolic legislation is regarded as a positive alternative to the more traditional, top-down legislative approach. The legislature no longer merely issues commands backed up with severe sanctions, as in instrumental legislation. Instead, lawmakers provide open and aspirational norms that are meant to change behavior not by means of threat, but indirectly, through debate and social interaction. Since the 1990s, biomedical developments have revived discussions on symbolic legislation. One of the reasons is that biomedical legislation touches on deep-rooted, symbolic-cultural representations of the biological aspects of human life. Moreover, as it is often impossible to reach consensus on these controversial questions, legislators have sought alternative ways to develop legal frameworks. Consequently, communicative and interactive approaches to legislation are prominent within the governance of medical biotechnology. The symbolic dimensions of biolaw are often overlooked. Yet, it is clear that the symbolic is at the heart of many legal-political debates on bioethical questions. Since the rise of biomedical technologies, human body materials have acquired a scientific, medical and even commercial value. These new approaches, which radically question existing legal symbolizations of the human body, raise the question whether and how the law should continue to reflect symbolic values and meanings. Moreover, how can we decide what these symbolic values are, given the fact that we live in a pluralistic society?
