Author: Zhihe Wang
Publisher: Walter de Gruyter
ISBN: 3110328445
Category : Philosophy
Languages : en
Pages : 235
Book Description
This book offers a uniquely process relational oriented Chinese approach to inter-religious dialogue called Chinese Harmonism. The key features of Chinese harmonism are peaceful co-existence, mutual transformation, and openness to change. As developed with help from Whiteheadian process thought, Chinese harmonism provides a middle way between particularism and universalism, showing how diversity can exist within unity. Chinese harmonism is open to similarities among religions, but it also emphasizes that differences among religions can be complementary rather than contradictory. Thus Chinese harmonism implies an attitude of respect for others and a willingness to learn from others, without reducing the other to one’s own identity: that is, to sameness. By emphasizing the possibility of complementariness, a process oriented Chinese harmonism avoids a dichotomy between universalism and particularism represented respectively by John Hick and S. Mark Heim, and will make room for a genuine openness and do justice to the culturally and religiously “other.”
Process and Pluralism
Beyond Constitutionalism
Author: Nico Krisch
Publisher: Oxford University Press, USA
ISBN: 0199228310
Category : Law
Languages : en
Pages : 383
Book Description
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Publisher: Oxford University Press, USA
ISBN: 0199228310
Category : Law
Languages : en
Pages : 383
Book Description
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Pluralism by Default
Author: Lucan Way
Publisher: JHU Press
ISBN: 1421418126
Category : Political Science
Languages : en
Pages : 274
Book Description
"Focusing on regime trajectories across three countries in the former Soviet Union (Belarus, Moldova, and Ukraine), Lucan Way argues that democratic political competition has often been grounded less in well-designed institutions or emerging civil society, and more in the failure of authoritarianism. In many cases, pluralism has persisted because autocrats have been too weak to steal elections, repress opposition, or keep allies in line. Attention to the dynamics of this "pluralism by default" reveals an important but largely unrecognized contradiction in the transition process in many countries - namely, that the same factors that facilitate democratic and semi-democratic political competition may also thwart the development of stable, well-functioning democratic institutions. Weak states and parties - factors typically seen as sources of democratic failure - can also undermine efforts to crack down on political opposition and concentrate political control"--
Publisher: JHU Press
ISBN: 1421418126
Category : Political Science
Languages : en
Pages : 274
Book Description
"Focusing on regime trajectories across three countries in the former Soviet Union (Belarus, Moldova, and Ukraine), Lucan Way argues that democratic political competition has often been grounded less in well-designed institutions or emerging civil society, and more in the failure of authoritarianism. In many cases, pluralism has persisted because autocrats have been too weak to steal elections, repress opposition, or keep allies in line. Attention to the dynamics of this "pluralism by default" reveals an important but largely unrecognized contradiction in the transition process in many countries - namely, that the same factors that facilitate democratic and semi-democratic political competition may also thwart the development of stable, well-functioning democratic institutions. Weak states and parties - factors typically seen as sources of democratic failure - can also undermine efforts to crack down on political opposition and concentrate political control"--
Disjointed Pluralism
Author: Eric Schickler
Publisher: Princeton University Press
ISBN: 9780691049267
Category : Biography & Autobiography
Languages : en
Pages : 376
Book Description
Institutional change within the US Congress has been a product of, and a shaper of, congressional politics. Academics have explained this in terms of a collective interest shared by members. This work makes the case that it is actually interplay among multiple interests that determines change.
Publisher: Princeton University Press
ISBN: 9780691049267
Category : Biography & Autobiography
Languages : en
Pages : 376
Book Description
Institutional change within the US Congress has been a product of, and a shaper of, congressional politics. Academics have explained this in terms of a collective interest shared by members. This work makes the case that it is actually interplay among multiple interests that determines change.
Hope in Process
Author: Henry J. Young
Publisher: Augsburg Fortress Publishing
ISBN:
Category : Religion
Languages : en
Pages : 184
Book Description
Publisher: Augsburg Fortress Publishing
ISBN:
Category : Religion
Languages : en
Pages : 184
Book Description
The Oxford Handbook of Global Legal Pluralism
Author: Paul Schiff Berman
Publisher:
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133
Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Publisher:
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133
Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
State Law, Dispute Processing And Legal Pluralism
Author: Kalindi Kokal
Publisher: Routledge
ISBN: 9780367726829
Category : Customary law
Languages : en
Pages : 200
Book Description
This book presents an ethnography of dispute processing by non-state forums and actors in rural India. As such it sheds light on a much neglected and contested topic. Arising in the context of recent legal and political debates that question the legitimacy of non-state actors engaged in dispute processing, the book explores the nature, form, and functioning of such forums and actors in two locations in rural India. Focusing on a fishermen's community belonging to the caste of Hindu Machimār Koḷīs in coastal Maharashtra and an agrarian community in Uttarakhand with members from the Pandit, Thakur, Bhotiā, and Harijan caste groups, this study shows the manner in which non-state forums and actors engage with state law and its regulatory systems.
Publisher: Routledge
ISBN: 9780367726829
Category : Customary law
Languages : en
Pages : 200
Book Description
This book presents an ethnography of dispute processing by non-state forums and actors in rural India. As such it sheds light on a much neglected and contested topic. Arising in the context of recent legal and political debates that question the legitimacy of non-state actors engaged in dispute processing, the book explores the nature, form, and functioning of such forums and actors in two locations in rural India. Focusing on a fishermen's community belonging to the caste of Hindu Machimār Koḷīs in coastal Maharashtra and an agrarian community in Uttarakhand with members from the Pandit, Thakur, Bhotiā, and Harijan caste groups, this study shows the manner in which non-state forums and actors engage with state law and its regulatory systems.
The Legacy of Pluralism
Author: Mariano Croce
Publisher: Stanford University Press
ISBN: 1503613127
Category : Law
Languages : en
Pages : 315
Book Description
How should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life. The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how they can help us cope with the current crisis of national constitutional systems.
Publisher: Stanford University Press
ISBN: 1503613127
Category : Law
Languages : en
Pages : 315
Book Description
How should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life. The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how they can help us cope with the current crisis of national constitutional systems.
Global Legal Pluralism
Author: Paul Schiff Berman
Publisher: Cambridge University Press
ISBN: 1107376912
Category : Law
Languages : en
Pages : 357
Book Description
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Publisher: Cambridge University Press
ISBN: 1107376912
Category : Law
Languages : en
Pages : 357
Book Description
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Rationalism, Pluralism, and Freedom
Author: Jacob T. Levy
Publisher: OUP Oxford
ISBN: 0191026670
Category : Political Science
Languages : en
Pages : 337
Book Description
Intermediate groups— voluntary associations, churches, ethnocultural groups, universities, and more-can both protect threaten individual liberty. The same is true for centralized state action against such groups. This wide-ranging book argues that, both normatively and historically, liberal political thought rests on a deep tension between a rationalist suspicion of intermediate and local group power, and a pluralism favorable toward intermediate group life, and preserving the bulk of its suspicion for the centralizing state. The book studies this tension using tools from the history of political thought, normative political philosophy, law, and social theory. In the process, it retells the history of liberal thought and practice in a way that moves from the birth of intermediacy in the High Middle Ages to the British Pluralists of the twentieth century. In particular it restores centrality to the tradition of ancient constitutionalism and to Montesquieu, arguing that social contract theory's contributions to the development of liberal thought have been mistaken for the whole tradition. It discusses the real threats to freedom posed both by local group life and by state centralization, the ways in which those threats aggravate each other. Though the state and intermediate groups can check and balance each other in ways that protect freedom, they may also aggravate each other's worst tendencies. Likewise, the elements of liberal thought concerned with the threats from each cannot necessarily be combined into a single satisfactory theory of freedom. While the book frequently reconstructs and defends pluralism, it ultimately argues that the tension is irreconcilable and not susceptible of harmonization or synthesis; it must be lived with, not overcome.
Publisher: OUP Oxford
ISBN: 0191026670
Category : Political Science
Languages : en
Pages : 337
Book Description
Intermediate groups— voluntary associations, churches, ethnocultural groups, universities, and more-can both protect threaten individual liberty. The same is true for centralized state action against such groups. This wide-ranging book argues that, both normatively and historically, liberal political thought rests on a deep tension between a rationalist suspicion of intermediate and local group power, and a pluralism favorable toward intermediate group life, and preserving the bulk of its suspicion for the centralizing state. The book studies this tension using tools from the history of political thought, normative political philosophy, law, and social theory. In the process, it retells the history of liberal thought and practice in a way that moves from the birth of intermediacy in the High Middle Ages to the British Pluralists of the twentieth century. In particular it restores centrality to the tradition of ancient constitutionalism and to Montesquieu, arguing that social contract theory's contributions to the development of liberal thought have been mistaken for the whole tradition. It discusses the real threats to freedom posed both by local group life and by state centralization, the ways in which those threats aggravate each other. Though the state and intermediate groups can check and balance each other in ways that protect freedom, they may also aggravate each other's worst tendencies. Likewise, the elements of liberal thought concerned with the threats from each cannot necessarily be combined into a single satisfactory theory of freedom. While the book frequently reconstructs and defends pluralism, it ultimately argues that the tension is irreconcilable and not susceptible of harmonization or synthesis; it must be lived with, not overcome.