Symbolic Constitutionalization
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Symbolic Constitutionalization
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Author : Marcelo Neves
language : en
Publisher: Oxford University Press
Release Date : 2022-03-31
Symbolic Constitutionalization written by Marcelo Neves and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-31 with Law categories.
The subject of this book is the social and political meaning of constitutional texts to the detriment of their legal concretization. Focusing on the discrepancy between the hypertrophically symbolic function of constitutions and their insufficient legal concretization, it offers a critical counterpoint to constitutional theory that treats constitutional texts as a panacea to solving political, legal, and social problems. In contrast to the premises of Niklas Luhmann's systems theory regarding law and constitution in world's society, symbolic constitutionalization is approached here in both a comprehensive and far-reaching perspective. Chapter 1 sets out the debate about symbolic legislation. Chapter 2 explains the notion of symbolic constitutionalization as a problem embracing the whole legal system. Chapter 3 approaches the issue in terms of allopoiesis of law, characterizing it primarily as a problem in peripheral modernity and referring to the Brazilian experience. The final chapter discusses the tendency to a symbolic constitutionalization of world society in the scope of a paradoxical peripheralization of the centre.
Symbolic Constitutionalization
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Author : Marcelo Neves
language : en
Publisher: Oxford University Press
Release Date : 2022
Symbolic Constitutionalization written by Marcelo Neves and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
The book focuses on the symbolic function of constitutions from the point of view of social contexts in which rule of law and constitutional rights do not play a relevant role despite their solemn declaration in legal texts. It is recommended to anyone interested in understanding modern constitutionalism through the lens of world society.
Law As Passion
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Author : Miguel Nogueira de Brito
language : en
Publisher: Springer Nature
Release Date : 2021-03-01
Law As Passion written by Miguel Nogueira de Brito and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-01 with Law categories.
Inspired by the works of Professor Marcelo Neves, in this book colleagues come together to explore how their research has been influenced by non-European and post-colonial approaches. With a foreword by Karl-Heinz Ladeur, it features essays written by leading scholars in the fields of sociology of law and constitutional theory – including Hauke Brunkhorst, Darío Rodrígues, Kimmo Nuotio and Pablo Holmes. The content is divided into four sections, the first of which, “Law, State, and Global Crisis,” covers topics related to the modern constitutional state, the crisis of global capitalism, and the global rule of law. The second, “Symbolic Constitutionalization,” analyzes challenges to constitutionalism in the “Peripheral Modernity.” The authors in the third section examine how the concept of “Transconstitutionalism” can shed new light on contemporary debates concerning global public law. In turn, the last section of the book, “Systems Theory and Public Law,” addresses systems theory issues in the fields of legal history and administrative law. The book presents a relevant and original discussion encompassing such diverse fields as constitutional theory, international law, systems theory, and sociology of constitutions.
Legal Symbolism
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Author : Jiří Přibáň
language : en
Publisher: Routledge
Release Date : 2016-04-22
Legal Symbolism written by Jiří Přibáň and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
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.
Constitutionalism And The Paradox Of Principles And Rules
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Author : Marcelo Neves
language : en
Publisher: Oxford University Press
Release Date : 2021-04-29
Constitutionalism And The Paradox Of Principles And Rules written by Marcelo Neves and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-29 with Law categories.
This title offers a unique approach to constitutionalism, focusing on the paradoxical relationship between principles and rules from the perspective of systems theory. It presents a critical counterpoint to Ronald Dworkin's principle-based theory, and in particular to Robert Alexy's idea of optimizing balancing. Instead of ceding to the compulsion of an optimizing balancing, it suggests the possibility of a comparative or at least 'satisficing' balancing, considering the precariousness of legal rationality. The book also reverses Dworkin's metaphor, associating rules with Hercules and principles with the Hydra. It takes constitutional principles seriously, criticizing the abuse of principles by the legal and constitutional doctrine and practice, and pointing out their relationship of complementarity and tension with rules. Finally, it offers an alternative model to the recent legal and constitutional theory on the basis of certain assumptions of the systems theory. It deals especially with the paradox of the circular and reflexive relationship between constitutional principles and rules: the former refers primarily to the openness and adequacy of legal system to society and thus to substantive argumentation; the second refers primarily to the closure and consistency of legal system and thus to formal argumentation.
Luhmann And Law
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Author : Christopher Thornhill
language : en
Publisher: Routledge
Release Date : 2022-01-26
Luhmann And Law written by Christopher Thornhill and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-26 with Law categories.
Niklas Luhmann wrote a number of works which have decisively shaped the recent development of legal science as a theoretical discipline. Some basic elements of his theory have been widely appropriated by other legal theorists, such that it is difficult to imagine contemporary reflection in legal theory, and above all legal sociology, without Luhmann. This collection brings together the most important canonical and cutting-edge papers on Luhmann’s legal thought. It is introduced in a comprehensive editorial piece by the editor which locates the articles in context and explores the issues and topics at hand.
Principle Of Criminal Imputation For Negligence Crime Involving Artificial Intelligence
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Author : Shuhong Zhao
language : en
Publisher: Springer Nature
Release Date : 2024-02-24
Principle Of Criminal Imputation For Negligence Crime Involving Artificial Intelligence written by Shuhong Zhao and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-24 with Law categories.
This book provides an in-depth discussion of the theoretical and practical issues of criminal imputation for negligence crime involving artificial intelligence. Accordingly, this study combines the imputation challenges brought about by AI with traditional criminal imputation theory and analyses imputation for negligence crime involving AI from three aspects: the basic principles, structure, and results of imputation for negligence crime involving AI. The traditional theory of imputation is discussed in detail. The readership is a group of people interested in this topic, including, in particular, interested laymen, undergraduate students and postgraduate researchers. The highlights of this book are it identifies the imputation challenges bought about by AI, reveals the theoretical and practical gap in the criminal imputation of negligent crimes involving AI, and provides an in-depth and creative ideas of criminal imputation for the negligent crimes involving AI.
Constitutionalizing The European Union
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Author : Thomas Christiansen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-03-31
Constitutionalizing The European Union written by Thomas Christiansen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-31 with Political Science categories.
Enlargement and treaty reform have moved Europe's constitutional debate into the political spotlight. This important new text outlines the main themes of constitutional debate in the EU, analyzes formal and informal constitution-building since the early days of European integration, and introduces the actors and structures behind treaty change.
Representative Democracy In Flux
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Author : Martin Belov
language : en
Publisher: Taylor & Francis
Release Date : 2025-05-30
Representative Democracy In Flux written by Martin Belov and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-30 with Law categories.
This book delves into the core of representative democracy in order to explain its main features – institutional and imaginary – and to show the reasons for its increasing dysfunctionality. The collection explores the constitutional imaginaries of representation. It outlines the main factors influencing the failures of representative democracy, in an age of constitutional crisis and transition, being gradually deconstructed via tendencies toward authoritarianism and technocracy. Special attention is devoted to the impact of the politics of fear on representative democracy. The analysis shows the main challenges stemming from national, international, transnational, and supranational technocracy produced by the increased role of administration, agencies, and courts. It exposes representative democracy as a composite phenomenon stretched between reason and emotions and between the constitutional past, present, and future. The volume will be of interest to researchers, academics, and policymakers working in the areas of constitutional law and politics, comparative constitutional law, administrative law, human rights law, and theory and philosophy of law.
Towards Juristocracy
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Author : Ran Hirschl
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
Towards Juristocracy written by Ran Hirschl and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.
In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.