L Id E Du Droit Social
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Normativity In Legal Sociology
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Author : Reza Banakar
language : en
Publisher: Springer
Release Date : 2014-11-17
Normativity In Legal Sociology written by Reza Banakar and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-17 with Law categories.
The field of socio-legal research has encountered three fundamental challenges over the last three decades – it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice as a kind of social experience and has always engaged theoretically with forms of normativity, albeit on its own empirical terms rather than on legal theory’s analytical terms. The book then explores the third challenge, a result of the changing nature of society, by highlighting the move from the industrial relations of early modernity to the post-industrial conditions of late modernity, an age dominated by information technology. It poses the question whether socio-legal research has sufficiently reassessed its own theoretical premises regarding the relationship between law, state and society, so as to grasp the new social and cultural forms of organization specific to the twenty-first century’s global societies.
Thinking About Social Policy
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Author : Franz-Xaver Kaufmann
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-11-15
Thinking About Social Policy written by Franz-Xaver Kaufmann and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-15 with Political Science categories.
The book traces the political history of the concept of social policy. „Social policy“ originated in Germany in the mid 19th century as a scholarly term that made a career in politics. The term became more prominent only after World War II. Kaufmann, the doyen of the sociology of social policy in Germany, argues that „social policy“ responds to the modern disjunction between “state” and “society” diagnosed by the German philosopher Hegel. Hegel’s disciple Lorenz von Stein saw social policy as a means to pacify the capitalist class conflict. After World War II, social policy expanded in an unprecedented way, changing its character in the process. Social policy turned from class politics into a policy for the whole population, with new concepts – like "social security", "redistribution" and "quality of life" - and new overarching formulas, "social market economy" and "social state" (the German version of “welfare state”). Both formulas have remained indeterminate and contested, indicating the inherent openness of the idea of the “social”.
The Influence Of Human Rights On International Law
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Author : Norman Weiß
language : en
Publisher: Springer
Release Date : 2015-02-25
The Influence Of Human Rights On International Law written by Norman Weiß and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-25 with Law categories.
This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes. Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.
A Common Law For Europe
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Author : Gian Antonio Benacchio
language : en
Publisher: Central European University Press
Release Date : 2005-09-15
A Common Law For Europe written by Gian Antonio Benacchio and has been published by Central European University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-15 with Law categories.
An essential guide for lawmakers, scholars, and students of law, this work takes on the formidable task of providing a detailed overview of the harmonization of law in the European Union. Skillfully researched, the authors seek to approach this topic with an eye to the recent enlargement process. In highlighting the most recent actions of the European Court of Justice and the Court of First Instance, the book seeks to analyze the future strengths and pitfalls of EU Common Law. Court rulings are quoted at length, and work in conjunction with text inserts in providing a format that breaks down complex information. This open style of the book gives researchers the ability to quickly locate useful information and cite statements from EU institutions. In outlining the sources and institutions of Community Law, and the challenges in harmonizing national and supra-national law-books, 'A Common Law for Europe' has done a tremendous service for academics and future leaders of the European Union.
A History Of Law In Europe
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Author : Antonio Padoa-Schioppa
language : en
Publisher: Cambridge University Press
Release Date : 2017-08-03
A History Of Law In Europe written by Antonio Padoa-Schioppa and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-03 with History categories.
The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
Territorial Integrity In A Globalizing World
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Author : Abdelhamid El Ouali
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-03-26
Territorial Integrity In A Globalizing World written by Abdelhamid El Ouali and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-26 with Law categories.
This book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.
Normative Structures Of The Social World
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Author : Giuliano Di Bernardo
language : en
Publisher: Rodopi
Release Date : 1988
Normative Structures Of The Social World written by Giuliano Di Bernardo and has been published by Rodopi this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Philosophy categories.
La Repr Sentation Institutionnelle Dans L Ordre International
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Author : Evelyne Lagrange
language : en
Publisher: BRILL
Release Date : 2021-10-18
La Repr Sentation Institutionnelle Dans L Ordre International written by Evelyne Lagrange and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
L'institutionnalisation et l'organisation d'un ordre juridique sur un mode représentatif impliquent un processus de différenciation fonctionnelle entre représentés et représentants permettant la réduction de la multiplicité à l'unité. La personne morale apparaît comme le terme réunificateur de tout système representative. Dans l'ordre international, ce processus est perturbé par la présence, dans les organs intergouvernementaux, de représentants d'Etat qui sont autant d'organes des Etats membres, présence prolongée par le consentement aux actes adoptés en leur sein. Quel en est donc le sujet d'imputation : l'organisation ou ses membres ? Une théorie de l'acte doit être développée au coeur de la théorie de l'organe pour démontrer que l'organisation internationale est la personnification juridique d'une collectivité d'Etats dotée d'un système représentatif, et n'est que cela. La qualité de partie à un traité constitutif et de membre d'une organisation internationale ne prive l'Etat d'aucun des attributs de la souveraineté dans l'ordre international. Au contraire, la faculté d'investir un sujet de droit de compétences nouvelles est précisément un attribut de la souveraineté : l'organisation est tout entière une création des Etats membres. Leur souveraineté n'inhibe pas le processus de personnification de l'organisation qui, en retour, ne la confisque pas : la souveraineté et la relativité des rapports juridiques demeurent les principes régulateurs de l'ordre international.
Legitimacy And Revolution In A Society Of Masses
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Author : M. F. N. Giglioli
language : en
Publisher: Routledge
Release Date : 2017-07-28
Legitimacy And Revolution In A Society Of Masses written by M. F. N. Giglioli and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Political Science categories.
Questions surrounding the concept of legitimacy—the force that keeps a polity together, and whose absence causes it to shatter—are possibly the most important concern of a study of politics. M. F. N. Giglioli examines the shift to a distinctly modern understanding of the concept in Continental Europe, following the crisis of liberal rationalism in the late nineteenth century, and the search for new ways of envisaging the determinants of collective action into the twentieth century.The author examines certain aspects of the intellectual and political background of early twentieth-century theories of legitimacy elaborated by Max Weber and Antonio Gramsci. These theories are interpreted as the outcome of a contested process of redefinition of the concept, itself prompted by the social and political circumstances of the late nineteenth century, such as economic modernization and the attempt to incorporate the working class into the political system.This is the first book in a generation to offer a general reassessment of issues of legitimacy in political thought at the turn of the twentieth century. It examines the development of the concept in France, Italy, and Germany during the half-century or so following the Paris Commune. It discusses six key critics of classical Victorian liberalism on the revolutionary Left and the conservative Right. The political position and biography of each is a central focus of the study, as the culture of the age was decisively shaped by reflection on the social role of intellectuals.
Corruption In International Trade And Commercial Arbitration
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Author : Abdulhay Sayed
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
Corruption In International Trade And Commercial Arbitration written by Abdulhay Sayed and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.
Descreve como a corrupção é julgada na arbitragem comercial internacional. Procura explicar porque não há uma uniformidade na política arbitral em relação à corrupção. Analisa casos relativos à corrupção e arbitragem. Examina a legislação sobre corrupção, assim como convenções internacionais relevantes.