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Author: Mariano Croce
Publisher: Stanford University Press
ISBN: 1503613127
Category : Law
Languages : en
Pages : 304
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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.
Author: Mariano Croce
Publisher: Stanford University Press
ISBN: 1503613127
Category : Law
Languages : en
Pages : 304
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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.
Author: Brendan Sweetman
Publisher: CUA Press
ISBN: 9780966922615
Category : Philosophy
Languages : en
Pages : 284
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Book Description
The contributors to The Failure of Modernism are influenced by the view that modernism has failed, and most of the essays attempt to critique specific features of modernism, often from a more traditional perspective. Modernism in philosophy is characterized by skepticism and anti-realism in epistemology, and by relativism in ethics and politics.
Author: Richard M. Merelman
Publisher: Univ of Wisconsin Press
ISBN: 9780299184148
Category : Education
Languages : en
Pages : 340
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Book Description
Pluralism at Yale: The Culture of Political Science in America explores the relationship between personal experience and academic theories of American politics. Through a detailed examination of the Yale University Department of Political Science between 1955 and 1970, including interviews with many of the political scientists involved, this book traces the way "pluralism," a predominately optimistic theory of American democracy which the Yale department helped to develop in those years, helped to support the American political regime. Merelman also analyzes the impact of social and political events on the decline of Yale pluralism and describes pluralism's continued political relevance today. Included are discussions of McCarthyism, the Civil Rights Movement, and the Vietnam War.
Author: Brian Z. Tamanaha
Publisher: Oxford University Press
ISBN: 0190861584
Category : Law
Languages : en
Pages : 208
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Book Description
Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship. A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralismwhich this book aims to clarify and help resolve. Drawing on historical and contemporary studiesincluding the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as othersit shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.
Author: Scott W. Sunquist
Publisher: InterVarsity Press
ISBN: 0830850945
Category : Religion
Languages : en
Pages : 243
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Book Description
This collection of essays explores the legacy of Lesslie Newbigin's classic work, The Gospel in a Pluralist Society, critically analyzing the nature of Western pluralism and discussing the influence of Newbigin's work on the field of missiology. By looking backward, this volume advances a vision for Christian witness in the pluralistic world of the twenty-first century.
Author: Alan Roland
Publisher: Routledge
ISBN: 1135234272
Category : Psychology
Languages : en
Pages : 250
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Book Description
Cultural Pluralism and Psychoanalysis explores the creative dialogue that the major psychoanalysts since Freud have had with the modern Northern European/North American culture of individualism and tries to resolve major problems that occur when psychoanalysis, with its cultural legacy of individualism, is applied to those from various Asian cultures. Roland examines the theoretical issues involved in developing a multicultural psychoanalysis, and then looks at the interface between Asian-Americans and other Americans, discussing the frequent dissonances, miscommunications, and misunderstandings that result from each coming from vastly different cultural and psychological realms.
Author: Dalia Tsuk Mitchell
Publisher: Cornell University Press
ISBN: 9780801439568
Category : Biography & Autobiography
Languages : en
Pages : 392
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Book Description
A major figure in American legal history during the first half of the twentieth century, Felix Solomon Cohen (1907-1953) is best known for his realist view of the law and his efforts to grant Native Americans more control over their own cultural, political, and economic affairs. A second-generation Jewish American, Cohen was born in Manhattan, where he attended the College of the City of New York before receiving a Ph.D. in philosophy from Harvard University and a law degree from Columbia University. Between 1933 and 1948 he served in the Solicitor's Office of the Department of the Interior, where he made lasting contributions to federal Indian law, drafting the Indian Reorganization Act of 1934, the Indian Claims Commission Act of 1946, and, as head of the Indian Law Survey, authoring The Handbook of Federal Indian Law (1941), which promoted the protection of tribal rights and continues to serve as the basis for developments in federal Indian law.In Architect of Justice, Dalia Tsuk Mitchell provides the first intellectual biography of Cohen, whose career and legal philosophy she depicts as being inextricably bound to debates about the place of political, social, and cultural groups within American democracy. Cohen was, she finds, deeply influenced by his own experiences as a Jewish American and discussions within the Jewish community about assimilation and cultural pluralism as well the persecution of European Jews before and during World War II.Dalia Tsuk Mitchell uses Cohen's scholarship and legal work to construct a history of legal pluralism--a tradition in American legal and political thought that has immense relevance to contemporary debates and that has never been examined before. She traces the many ways in which legal pluralism informed New Deal policymaking and demonstrates the importance of Cohen's work on behalf of Native Americans in this context, thus bringing federal Indian law from the margins of American legal history to its center. By following the development of legal pluralism in Cohen's writings, Architect of Justice demonstrates a largely unrecognized continuity in American legal thought between the Progressive Era and ongoing debates about multiculturalism and minority rights today. A landmark work in American legal history, this biography also makes clear the major contribution Felix S. Cohen made to America's legal and political landscape through his scholarship and his service to the American government.
Author: Wendy Doniger
Publisher: Oxford University Press, USA
ISBN: 0195395530
Category : History
Languages : en
Pages : 401
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Book Description
Based on presentations at a conference at the University of Chicago Law School in November 2005.
Author: Michael C. Steiner
Publisher: University Press of Kansas
ISBN: 0700629548
Category : Political Science
Languages : en
Pages : 254
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Book Description
The Harvard-educated, Jewish American philosopher Horace Meyer Kallen (1882–1974) is commonly credited with the concept of cultural pluralism, which envisioned immigrant and minority groups cultivating their distinctive social worlds and interacting to create an inclusive, ever-changing true American culture. Though living and teaching in Madison, Wisconsin, when he developed this influential theory, Kallen’s seven-year sojourn in the Midwest (1911–1918) rarely figures in accounts of the theory’s origins. And yet, Michael C. Steiner suggests, the Midwest, far from being a mere interruption in Kallen’s thought, was in fact the essential catalyst for the theory of cultural pluralism, a concept that continues to shape public debate a century later. The Midwest in the first decades of the twentieth century was a youthful region experiencing massive immigration and the xenophobic fervor of approaching war. In this milieu Steiner locates a pervasive pluralist zeitgeist rife with urban- and rural-based intellectuals and public figures deeply critical of both the all-absorbing melting pot ideology and white racist Anglo-Saxon exclusionism. Early proponents of diversity who interacted with Kallen to forge a pluralist sensibility and ideology as the Midwest was becoming the nation’s dominant region included public figures Hamlin Garland, Frederick Jackson Turner, and Jane Addams; African American activists Reverdy Ransom and Ida B. Wells; Norwegian American writers Ole E. Rølvaag and Waldemar Ager; and intellectuals Randolph Bourne and John Dewey. Tracing how Kallen’s interaction with these figures and his regional experience expanded his vision and added the final touch and crucial spatial dimension to his theory, Horace M. Kallen in the Heartland enhances our understanding of cultural pluralism. The book has direct bearing on the present, as once again denunciation of diversity and mass migration challenge the tenets and advocates of pluralism.
Author: Mark Lilla
Publisher: New York Review of Books
ISBN: 9781590170090
Category : Biography & Autobiography
Languages : en
Pages : 222
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Book Description
In the fall of 1998, one year after the death of Isaiah Berlin, the New York Institute for the Humanities organized a conference to consider his intellectual legacy. The scholars who participated devoted much of their attention to the question of pluralism, which for Berlin was central to liberal values. His belief in pluralism was at the core of his philosophical writings as well as his studies of contemporary politics and the history of ideas. The papers given at the conference and collected in this volume concentrate on three aspects of Berlin's concept of pluralism. Aileen Kelly, Mark Lilla, and Steven Lukes trace the development and consequences of his distinction between hedgehogs, thinkers who have a single, unified theory of human action and history, and foxes, who believe in multiplicity and resist the impulse to subject humanity to a universal vision. Ronald Dworkin, Bernard Williams, Thomas Nagel, and Charles Taylor examine how liberalism can be sustained in the face of Berlin's insight that equally legitimate values, such as liberty and equality, may come into irreconcilable conflict. Avishai Margalit, Richard Wollheim, Michael Walzer, and Robert Silvers take up Berlin's advocacy for the State of Israel and his hopes for it as a place where the often contrary values of liberalism and nationalism might find harmonious resolution. The Legacy of Isaiah Berlin includes not only the panelists' contributions but also transcripts of the lively exchanges among themselves and with audience members following each session. The two days of discussion preserved here demonstrate the continuing vitality and relevance of Isaiah Berlin's thought in today's social and political debates.
