Law And Reflexive Politics

Author : E.A. Christodoulidis
Publisher : Springer Science & Business Media
Page : 310 pages
File Size : 52,5 Mb
Release : 2013-12-01
Category : Law
ISBN : 9789401139670

Get Book

Law and Reflexive Politics by E.A. Christodoulidis Pdf

Law is the great concealer; and law is everywhere. Or so claimed Marxists once upon a time. [Law] was imbricated within the mode of production and productive relations themselves . . . it intruded brusquely within alien categories, re-appearing bewigged and gowned in the form of ideology; . . . it was an arm of politics and politics was one of its arms; it was an academic discipline, subjected to the rigour of its own autonomous logic, it contributed to the definition of the self-identity of both the rulers 1 and the ruled. Does the old critique of domination still hold any sway? Apparently not. Or so even scholars of the far Left keep reminding us in their eagerness to embrace law and proclaim their allegiance to the new constitutional politics of civil society. Old Marxists now describe popular sovereignty as 'co-original' with, and democracy 'internally linked' to 2 constitutional rights and find it hard to remember what it was they once disagreed with liberals about. No tension left between emancipatory politics and oppressive law; instead we have reciprocal constitution, simultaneous realisation. In the Left's embracing of the new constitutionalisms its old critique of law - the critique of the law's concealment of class inequality, class conflict and class action - is left behind.

Author : Ralf Rogowski
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 43,5 Mb
Release : 2013-09-30
Category : Law
ISBN : 9780857936592

Get Book

Reflexive Labour Law in the World Society by Ralf Rogowski Pdf

ŠRogowski�s challenging book offers readers a rigorous but accessible introduction to the theory of reflexive law, important and original insights into current issues in industrial relations and labour law and a fascinating preview of how a broad-based

Author : Emilios Christodoulidis
Publisher : Cambridge University Press
Page : 607 pages
File Size : 41,6 Mb
Release : 2021-04-15
Category : Law
ISBN : 9781108487030

Get Book

The Redress of Law by Emilios Christodoulidis Pdf

This book looks at what a critical understanding of constitutional, labour and European Union law entails under conditions of globalisation.

Author : Jan-Peter Voß,Dierk Bauknecht,René Kemp
Publisher : Edward Elgar Publishing
Page : 478 pages
File Size : 55,6 Mb
Release : 2006-01-01
Category : Business & Economics
ISBN : 9781847200266

Get Book

Reflexive Governance for Sustainable Development by Jan-Peter Voß,Dierk Bauknecht,René Kemp Pdf

This book deals with the issue of sustainable development in a novel and innovative way. It examines the governance implications of reflexive modernisation - the condition that societal development is endangered by its own side-effects. With conceptualising reflexive governance the book leads a way out of endless quarrels about the definition of sustainability and into a new mode of collective action.

Author : Michael King,Chris Thornhill
Publisher : Bloomsbury Publishing
Page : 262 pages
File Size : 51,8 Mb
Release : 2006-02-27
Category : Law
ISBN : 9781847312143

Get Book

Luhmann on Law and Politics by Michael King,Chris Thornhill Pdf

Perhaps more than any other social theorist in recent history, Niklas Luhmann's work has aroused extreme, and often antagonistic, responses. It has generated controversies about its political implications, its resolute anti-humanism and its ambitious critique of more established definitions of society, social theory and sociology. Now, however, a steadily growing number of scholars working in many different disciplines have begun to use aspects of Luhmann's sociology as an important methodological stimulus and as a theoretical framework for reorientating their studies. This collection of essays includes critical and reconstructive contributions by a number of distinguished social theorists, political theorists, legal scholars and empirical sociologists. Together, they provide evidence of Luhmann's extensive and diverse relevance to the issues facing contemporary society, and, at the same time, they enhance our understanding of the challenges posed by his theoretical paradigm to more traditional conceptions of social theory.

Author : Emilios A. Christodoulidis,Stephen Tierney
Publisher : Ashgate Publishing, Ltd.
Page : 236 pages
File Size : 49,8 Mb
Release : 2008-01-01
Category : Law
ISBN : 0754673634

Get Book

Public Law and Politics by Emilios A. Christodoulidis,Stephen Tierney Pdf

In a critical engagement with the function of public law and constitutionalism in its political dimensions, this volume brings together the reflections of three leading constitutionalists: Martin Loughlin, James Tully and Frank Michelman. Comprising three critical commentaries on each, it addresses the multiple ways in which public law is implicated in the logic of rule.

Author : Agustín José Menéndez,John Erik Fossum
Publisher : Springer Science & Business Media
Page : 301 pages
File Size : 47,9 Mb
Release : 2011-03-29
Category : Philosophy
ISBN : 9789048189427

Get Book

Law and Democracy in Neil MacCormick's Legal and Political Theory by Agustín José Menéndez,John Erik Fossum Pdf

This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.

Author : Kevin Olson
Publisher : MIT Press
Page : 265 pages
File Size : 47,5 Mb
Release : 2006-04-28
Category : Philosophy
ISBN : 9780262151160

Get Book

Reflexive Democracy by Kevin Olson Pdf

An argument for justifying the welfare state politically rather than economically, based on an ideal of democratic equality.

Author : Petra Dobner,Martin Loughlin
Publisher : OUP Oxford
Page : 368 pages
File Size : 52,6 Mb
Release : 2012-01-26
Category : Law
ISBN : 9780191633669

Get Book

The Twilight of Constitutionalism? by Petra Dobner,Martin Loughlin Pdf

The concepts and values that underpin traditional constitutionalism are increasingly being challenged by political realities that place substantial power beyond the state. Among the few certainties of a global economy is the growing incongruity between the political (the world of things that need to be ordered collectively in order to sustain society) and the state (the major institution of authoritative political decision-making during modern times). The consequences, and possible remedies, of this double disjunction of politics and state and of state and constitution form the centre of an open debate about 'constitutionalism beyond the state'. The essays gathered in this collection explore the range of issues raised by this debate. The effects of recent changes on two of the main building blocks of constitutionalism - statehood and democracy - are examined in Parts I and II. Since the movement of overcoming statehood has, arguably, been advanced furthest in the European context, the question of the future of constitutionalist ideas in the framework of the EU provides the key theme of Part III. The remaining parts consider possible transformations or substitutes. The engagement of constitutions with international law offers one line of transmutation of constitutionalism (Part IV) and the diffusion of constitutionalism into separate social spheres provides an alternative way of pursuing constitutionalism in a new key (Part VI). Finally, the ability of the theory of global administrative law (examined in Part V) to offer an alternative account of the potential of jurisdictional control of global governing processes is examined. Through these explorations, the book offers cross-disciplinary insights into the impact of recent political and economic changes on modern constitutionalism and an assessment of the prospects for constitutionalism in a transnational environment.

Author : Alberto Febbrajo
Publisher : Taylor & Francis
Page : 204 pages
File Size : 44,5 Mb
Release : 2018-07-04
Category : Law
ISBN : 9781351040327

Get Book

Law, Legal Culture and Society by Alberto Febbrajo Pdf

This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.

Author : Olivier De Schutter,Jacques Lenoble
Publisher : Bloomsbury Publishing
Page : 266 pages
File Size : 45,6 Mb
Release : 2010-05-19
Category : Law
ISBN : 9781847315847

Get Book

Reflexive Governance by Olivier De Schutter,Jacques Lenoble Pdf

Reflexive governance offers a theoretical framework for understanding modern patterns of governance in the European Union (EU) institutions and elsewhere. It offers a learning-based approach to governance, but one which can better respond to concerns about the democratic deficit and to the fulfillment of the public interest than the currently dominant neo-institutionalist approaches. The book is composed of one general introduction and eight chapters. Chapter one introduces the concept of reflexive governance and describes the overall framework. The following chapters of the book then summarise the implications of reflexive governance in major areas of domestic, EU and global policy-making. They address in turn: Services of General Interest, Corporate Governance, Institutional Frames for Markets, Regulatory Governance, Fundamental Social Rights, Healthcare Services, Global Public Services and Common Goods. While the themes are diverse, the chapters are unified by their attempt to get to the heart of which concepts of governance are dominant in each field, and what their successes and failures have been: reflexive governance then emerges as one possible response to the failures of other governance models currently being relied upon by policy-makers.

Author : Peer Zumbansen
Publisher : Oxford University Press
Page : 1246 pages
File Size : 45,7 Mb
Release : 2021-04-30
Category : Law
ISBN : 9780197547434

Get Book

The Oxford Handbook of Transnational Law by Peer Zumbansen Pdf

The Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border- crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift also requires a conscious effort among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges, or as bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.

Author : Emma Lantschner
Publisher : Oxford University Press
Page : 481 pages
File Size : 51,6 Mb
Release : 2021
Category : Law
ISBN : 9780192843371

Get Book

Reflexive Governance in EU Equality Law by Emma Lantschner Pdf

The Covid-19 pandemic has revealed how far we as a European society still are from the proclaimed Union of Equality. The book explores how the promise of equal treatment can become a reality and compliance with the EU acquis relating to equality and non-discrimination can be improved. It studies enforcement and promotion aspects of the two watershed directives of 2000, the Racial Equality Directive 2000/43/EC and the Employment Equality Directive 2000/78/EC, through the lens of reflexive governance. This governance approach is proposed as having great potential in enhancing the likelihood of sustainability (or continuation) of reforms in the current candidate countries and EU Member States through its emphasis on reflexive learning processes and the cooperation between EU institutions, national authorities, and civil society actors. In order to deploy this potential, there is, however, a need for more consistent and transparent monitoring, both with regard to candidate countries as well as old and new Member States, and a reconsideration of the understanding of monitoring as such. It should be seen as helping to deconstruct own preference-formations and as a possibility to learn from successes and failures in a cooperative and recursive process. To work on these lacunae and improve learning and monitoring processes, this book identifies indicators, that are deduced from the comparative review of the implementation practice of the member states. This book is thus a contribution to the existing literature in the fields of Europeanization, governance, and the right to equality and non-discrimination.

Author : Barry Sandywell
Publisher : Psychology Press
Page : 536 pages
File Size : 46,7 Mb
Release : 1996
Category : Social Science
ISBN : 9780415101707

Get Book

Presocratic Reflexivity by Barry Sandywell Pdf

How did Western philosophy begin? What are the relationships between the construction of self-reflection and the social context and political institutions of ancient Greek society? In this third volume of Logological Investigations Sandywell continues his sociological reconstruction of the origins of reflexive thought and discourse with special reference to Presocratic philosophy and science and their sociopolitical context. He begins by criticizing traditional histories of philosophy which abstract speculative thought from its sociocultural and historical contexts, and proposes instead an explicitly contextual and reflexive approach to ancient Greek society and culture. Each chapter is devoted to a seminal figure or 'school' of reflection in early Greek philosophy. Special emphasis is placed upon the verbal and rhetorical innovations of protophilosophy in the sixth and fifth centuries BC. These chapters are also exemplary displays of the distinctive logological method of cultural analysis and through them Sandywell shows that by returning to the earliest problematics of reflexivity in premodern culture we may gain an insight into some of the central currents of modern and postmodern self-reflection.

Author : Anonim
Publisher : Unknown
Page : 1066 pages
File Size : 43,9 Mb
Release : 2002
Category : Public law
ISBN : STANFORD:36105063850130

Get Book

SA public law by Anonim Pdf