Law Nation Building Transformation

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Law, Nation-building & Transformation

Author : Catherine Jenkins,Max Du Plessis
Publisher : Unknown
Page : 0 pages
File Size : 53,6 Mb
Release : 2014
Category : Constitutional history
ISBN : 1780681844

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Law, Nation-building & Transformation by Catherine Jenkins,Max Du Plessis Pdf

In this book, 15 contributors from the disciplines of law, politics, and sociology reflect on South Africa's transition to democracy and the challenges of transformation and nation-building that have confronted the country since the first democratic elections of 1994. The range of topics is expansive, in keeping with a broader-than-usual definition of transitional justice which, it is argued, is more appropriate for States faced with the mammoth tasks of reform and institution-building in a context in which democracy has never been firmly rooted and the existence of widespread poverty gives rise to the dual demands for both bread and freedom. In the case of South Africa, the post-apartheid era has been characterized by wide-ranging attempts at transformation and nation-building, from the well-known Truth and Reconciliation Commission to reforms in education and policing, the promotion of women's rights, the reform of land law, the provision of basic services to hundreds of thousands of poor households, a new framework for freedom of expression, and the transformation of the judiciary. In the light of South Africa's commitment to a new constitutional dispensation and to legal regulation, this volume focuses in particular, but not exclusively, on the role that law and lawyers have played in social and political change in South Africa in the post-apartheid era. It sets the South African experience in historical and comparative perspective and considers whether any lessons may be learned for the field of transitional justice. (Series: Transitional Justice - Vol. 15)

Truth Commissions and State Building

Author : Bonny Ibhawoh,Jasper Abembia Ayelazuno,Sylvia Bawa
Publisher : McGill-Queen's Press - MQUP
Page : 422 pages
File Size : 43,7 Mb
Release : 2023-11-15
Category : Political Science
ISBN : 9780228019633

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Truth Commissions and State Building by Bonny Ibhawoh,Jasper Abembia Ayelazuno,Sylvia Bawa Pdf

More than just an opportunity to uncover fact after conflict, truth commissions can also offer restorative power to nations across the globe. Truth Commissions and State Building presents the first comparative study of the role of its kind, illuminating these possibilities. Examining truth commissions as mechanisms for civic inclusion, identity formation, institutional reform, and nation (re)building in post-conflict and post-authoritarian societies, the book shifts attention towards institutional innovation in African countries, where approximately a third of all commissions have been established. Contributors explore the mandates, methods, outcomes, and legacies of truth commissions, analyzing their place in transitional and restorative justice. Rather than conceptualizing state building as incidental to their work, they present it as an intrinsic, central component. This flagship volume – authored by a stellar cast of policymakers, practitioners, and scholars – brings multidisciplinary and cross-sectoral perspectives to bear on the complex role of truth commissions in addressing transitional justice, historical injustices, and present-day human rights violations. As more countries, in both the Global South and the North, adopt this model to address historical and contemporary abuses, the dialogue between different sectors of society modelled here will help inform this process – wherever it might occur.

Nation-Building in the Baltic States

Author : Gundar J. King,David E. McNabb
Publisher : CRC Press
Page : 290 pages
File Size : 53,7 Mb
Release : 2014-08-26
Category : Political Science
ISBN : 9781482250718

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Nation-Building in the Baltic States by Gundar J. King,David E. McNabb Pdf

The product of more than twenty years of research, first-person observations, discussions, and policy analyses, Nation-Building in the Baltic States: Transforming Governance, Social Welfare, and Security in Northern Europe explores the characteristics of the Baltic states as positioned in the northeast corridor in terms of military strife and polity development such as democratization. It details governments' efforts to abet transparency and trust by way of developing new public and private institutions for advancements like innovation and private wealth creation. The book examines the effects of various factors of economic and social adjustments in Estonia, Latvia, and Lithuania. The authors explore the opportunities and problems that have shaped the region’s progress in the process of rebuilding democratic institutions and nation states after regaining their independence. They then describe the region’s progress in laying the critical internal foundation necessary for maintaining their political independence. The book also reviews the progress made in strengthening what the authors believe are key social functions of government in what the EU describes as its social market system: the provision of social welfare services that meets the needs of all. The book concludes with a realistic picture of future hurdles for this region, looking at lingering challenges and regional instabilities, policy mistakes not to be made again, and recommendations for national planning and resource management. Going beyond a massive, single explanation of recent Baltic developments, the book provides a broad picture of development of social and political trends and insights with separate evaluations of issues in the process of national transformation. It provides a foundation examining the forces that will shape the future of the Baltic states.

The International Element, Statehood and Democratic Nation-building

Author : Dren Doli
Publisher : Springer
Page : 232 pages
File Size : 47,5 Mb
Release : 2019-02-19
Category : Law
ISBN : 9783030059958

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The International Element, Statehood and Democratic Nation-building by Dren Doli Pdf

This book represents a unique endeavor to elucidate the story of Kosovo’s unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovo’s right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovo’s state-formation and state-building processes. It explains how the EU’s involvement as an ‘internationally blended element’ in Kosovo’s efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform.

The Oxford Handbook of Transformations of the State

Author : Stephan Leibfried,Evelyne Huber,Matthew Lange,Jonah D. Levy,Frank Nullmeier,John D. Stephens
Publisher : OUP Oxford
Page : 800 pages
File Size : 55,8 Mb
Release : 2015-06-11
Category : Political Science
ISBN : 9780191643262

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The Oxford Handbook of Transformations of the State by Stephan Leibfried,Evelyne Huber,Matthew Lange,Jonah D. Levy,Frank Nullmeier,John D. Stephens Pdf

This Handbook offers a comprehensive treatment of transformations of the state, from its origins in different parts of the world and different time periods to its transformations since World War II in the advanced industrial countries, the post-Communist world, and the Global South. Leading experts in their fields, from Europe and North America, discuss conceptualizations and theories of the state and the transformations of the state in its engagement with a changing international environment as well as with changing domestic economic, social, and political challenges. The Handbook covers different types of states in the Global South (from failed to predatory, rentier and developmental), in different kinds of advanced industrial political economies (corporatist, statist, liberal, import substitution industrialization), and in various post-Communist countries (Russia, China, successor states to the USSR, and Eastern Europe). It also addresses crucial challenges in different areas of state intervention, from security to financial regulation, migration, welfare states, democratization and quality of democracy, ethno-nationalism, and human development. The volume makes a compelling case that far from losing its relevance in the face of globalization, the state remains a key actor in all areas of social and economic life, changing its areas of intervention, its modes of operation, and its structures in adaption to new international and domestic challenges.

The Transformation of Economic Law

Author : Lucila de Almeida,Marta Cantero Gamito,Mateja Djurovic,Kai Peter Purnhagen
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 53,6 Mb
Release : 2019-09-05
Category : Law
ISBN : 9781509932603

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The Transformation of Economic Law by Lucila de Almeida,Marta Cantero Gamito,Mateja Djurovic,Kai Peter Purnhagen Pdf

This book is written in honour of Hans-W. Micklitz for his jubilee 70th birthday and the closure of his twelve-year term as the Chair for Economic Law at the European University Institute (EUI). Hans-W. Micklitz has gained international recognition for dedicating his extensive and fruitful career to diverse areas of law: European Economic Law, European Private Law, National and European Consumer Law, Legal Theory, theories of Private Law and Social Justice. This book is a product of the collaborative endeavors of its contributors, who all have a special connection with Hans W. Micklitz as his doctoral supervisees or research assistants. The collection of twenty chapters is to be read as the influence of Hans's dialogues in the early stage of the academic career of thirty-one young legal scholars. The volume is divided into three sections devoted to subjects that have received Hans's attention while at the EUI: EU Consumer Law (part I); European Private Law and Access Justice (part II); the CJEU between the individual citizen and the Member States (part III).

The Transformation of Occupied Territory in International Law

Author : Andrea Carcano
Publisher : BRILL
Page : 569 pages
File Size : 51,5 Mb
Release : 2015-08-14
Category : Law
ISBN : 9789004227880

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The Transformation of Occupied Territory in International Law by Andrea Carcano Pdf

Building on a broad historical foundation, this study offers a comprehensive treatment of the international law issues that have arisen in connection with, and as a result of, the ‘transformative’ occupation of Iraq and of their significance for the development of international law.

Islam and Democracy in the Maldives

Author : Azim Zahir
Publisher : Routledge
Page : 171 pages
File Size : 52,9 Mb
Release : 2021-11-29
Category : Social Science
ISBN : 9781000505030

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Islam and Democracy in the Maldives by Azim Zahir Pdf

This book examines Islam’s relationship to democratization in the Indian Ocean nation of the Maldives. It explores how and why an electoral democracy based in a constitution that has many liberal features but also Islam-based limitations, especially lack of religious freedom, emerged in the country by 2009. In doing so, the book interrogates a major approach to Muslim politics that assumes reformist interpretations of Islam are a positive, and even a necessary, force for liberalization and democratization in Muslim-majority contexts. This book shows reformist Islam did play certain positive roles in democratization in the Maldives. However, the book suggests reformist Islam may not be an invariably uncontroversial force in the space of politics. It argues that modern nation building in the Maldives shaped by political actors with reformist Islamic orientations, since around the 1930s, has also completely transformed Islam as a modern institutional and discursive political religion. These transformations of Islam as a modern political religion have existed as path-dependent constraints on the depth of democratization, ensuring religion-based limitations and intensifying controversy over religion vis-à-vis the state and individual rights. An original empirical contribution towards a better understanding of Islam and politics in the Maldives, this book will be of interest to academics and students working on democracy, and Islam in particular, and in the fields of political science and area studies, especially South Asian politics.

Constitutions and Gender

Author : Helen Irving
Publisher : Edward Elgar Publishing
Page : 560 pages
File Size : 47,9 Mb
Release : 2017-06-30
Category : Electronic
ISBN : 9781784716967

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Constitutions and Gender by Helen Irving Pdf

Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.

The Legal-Economic Nexus

Author : Warren Samuels
Publisher : Routledge
Page : 510 pages
File Size : 46,8 Mb
Release : 2007-02-22
Category : Business & Economics
ISBN : 9781135982195

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The Legal-Economic Nexus by Warren Samuels Pdf

Providing another key contribution to the immensely popular field of law and economics, this book, written by the doyen of the history of economic thought in the US, explores the dynamic relationship between economics, law and polity. Combining a selection of old and new essays by Warren J. Samuels that chart a number of key themes, it provides an important commentary on the development of an academic field and demonstrates how policy is structured and manipulated by human social construction. The areas covered include: the role of manufactured belief power the nature and sources of rights the construction of markets by firms and governments and the problem of continuity and change in the form of the question of the selectively defined status quo and its status the absolutist character of government, rights, markets and legal principles and the accepted ideational structure of law. The Legal-Economic Nexus is an essential read both economists and legal professionals as well as those researching the history of economic thought and the social construction of law.

Lawyers in 21st-Century Societies

Author : Richard L Abel,Hilary Sommerlad,Ole Hammerslev,Ulrike Schultz
Publisher : Bloomsbury Publishing
Page : 704 pages
File Size : 50,7 Mb
Release : 2022-05-05
Category : Law
ISBN : 9781509931231

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Lawyers in 21st-Century Societies by Richard L Abel,Hilary Sommerlad,Ole Hammerslev,Ulrike Schultz Pdf

This book presents an invaluable collection of essays by eminent scholars from a wide variety of disciplines on the main issues currently confronting legal professions across the world. It does this through a comparative analysis of the data provided by the reports on 46 countries in its companion volume: Lawyers in 21st-Century Societies: Vol. 1: National Reports (Hart 2020). Together these volumes build on the seminal collection Lawyers in Society (Abel and Lewis 1988a; 1988b; 1989). The period since 1988 has seen an acceleration and intensification of the global socio-economic, cultural and political developments that in the 1980s were challenging traditional professional forms. Together with the striking transformation of the world order as a result of the fall of the Soviet bloc, neo-liberalism, globalisation, the financialisation of capitalism, technological innovations, and the changing demography of lawyers, these developments underscored the need for a new, comparative exploration of the legal professional field. This volume deepens the insights in volume 1, with chapters on legal professions in Africa, Latin America, the Islamic world, emerging economies, and former communist regimes. It also addresses theoretical questions, including the sociology of lawyers and other professions (medicine, accountancy), state production, the rule of law, regional bodies, large law firms, access to justice, technology, casualisation, cause lawyering, diversity (gender, race, and masculinity), corruption, ethics regulation, and legal education. Together with volume 1, it will inform and challenge conceptions of the contemporary profession, and stimulate and support further research.

Law and the Politics of Reconciliation

Author : Scott Veitch
Publisher : Ashgate Publishing, Ltd.
Page : 255 pages
File Size : 51,6 Mb
Release : 2007
Category : History
ISBN : 9780754683360

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Law and the Politics of Reconciliation by Scott Veitch Pdf

This collection of essays by an international group of authors explores the ways in which law and legal institutions are used in countries coming to terms with traumatic pasts, and, in some cases, traumatic presents. Drawing on work in politics, philosophy, theology, sociology and law, this book will appeal to a wide audience of researchers and academics working in these areas.

Organization Paremiology

Author : Kofi Kissi Dompere
Publisher : Adonis & Abbey Publishers Ltd
Page : 460 pages
File Size : 42,9 Mb
Release : 2017-02-17
Category : Reference
ISBN : 9781912234981

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Organization Paremiology by Kofi Kissi Dompere Pdf

In the Theory of Philosophical Consciencism, Professor Dompere establishes how Nkrumah used the theory of categorial conversion housing the necessary conditions of transformation to design strategies for creating the sufficient conditions for socio-political transformations. The theory of Philosophical Consciencism is about the institutionally destruction-creation process for socio-political transformation. The theory shows the scientific contributions of Nkrumah's thinking to the solution of the transformation problem in science and its application to social systemicity, where Nkrumah's analytical weapons were drawn from African conceptual system. The theory is developed as logico-mathematical foundations that guide the internal management of the command-control decision-choice systems for creative destruction of socio-political varieties in transformations through the development of qualitative mathematics making possible the construct of qualitative equations of motion for connecting varieties in qualitative transfers. The qualitative equations of motion through the Philosophical Consciencism constitute the sufficient conditions for transformations. The theory links rationality, intentionality, experiential information structure, defective-deceptive information structures in the control-dynamic games of power and dominance by the duals and poles under the principle of opposites with relational continua and unity relative to decision-choice systems that induce negation-negation transformations, where paths are established by the history of success-failure outcomes in the socially control-dynamic zero-sum games between the duals in any duality and between the poles of any actual-potential polarity. The main premise of the monograph is that there exists a set of sufficient conditions in support of the necessary conditions for internal transformation of socio-natural varieties. The theory is useful in understanding developmental processes and multi-polar-power zero-sum games for global dominance. The necessary conditions constitute the natural necessity that constrains cognitive freedom. The sufficient conditions constitute cognitive freedom that must overcome the necessity in socio-natural systems dynamics. Had this conceptual system been familiar to African leaders, the African transformation from colonialism to complete emancipation, rather than neocolonialism, would have been increasingly successful. This holds for those seeking triumph over injustices, oppression, imperialism and social change in all systems.

Theory of Philosophical Consciencism

Author : Dompere, Kofi Kissi
Publisher : Adonis and Abbey Publishers
Page : 462 pages
File Size : 41,6 Mb
Release : 2017-09-24
Category : Social Science
ISBN : 9781909112667

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Theory of Philosophical Consciencism by Dompere, Kofi Kissi Pdf

In the Theory of Philosophical Consciencism, Professor Dompere establishes how Nkrumah used the theory of categorical conversion housing the necessary conditions of transformation to design strategies for creating the sufficient conditions for socio-political transformations. The theory of Philosophical Consciencism is about the institutionally destruction-creation process for socio-political transformation. The theory shows the scientific contributions of Nkrumah's thinking to the solution of the transformation problem in science and its application to social systemicity, where Nkrumah's analytical weapons were drawn from African conceptual system. The theory is developed as logico-mathematical foundations that guide the internal management of the command-control decision-choice systems for creative destruction of socio-political varieties in transformations through the development of qualitative mathematics making possible the construct of qualitative equations of motion for connecting varieties in qualitative transfers. The qualitative equations of motion through the Philosophical Consciencism constitute the sufficient conditions for transformations. The theory links rationality, intentionality, experiential information structure, defective-deceptive information structures in the control-dynamic games of power and dominance by the duals and poles under the principle of opposites with relational continua and unity relative to decision-choice systems that induce negation-negation transformations, where paths are established by the history of success-failure outcomes in the socially control-dynamic zero-sum games between the duals in any duality and between the poles of any actual-potential polarity. The main premise of the monograph is that there exists a set of sufficient conditions in support of the necessary conditions for internal transformation of socio-natural varieties. The theory is useful in understanding developmental processes and multi-polar-power zero-sum games for global dominance. The necessary conditions constitute the natural necessity that constrains cognitive freedom. The sufficient conditions constitute cognitive freedom that must overcome the necessity in socio-natural systems dynamics. Had this conceptual system been familiar to African leaders, the African transformation from colonialism to complete emancipation, rather than neocolonialism, would have been increasingly successful. This holds for those seeking triumph over injustices, oppression, imperialism and social change in all systems.

Codifying Contract Law

Author : Mary Keyes,Therese Wilson
Publisher : Routledge
Page : 251 pages
File Size : 55,6 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317164821

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Codifying Contract Law by Mary Keyes,Therese Wilson Pdf

Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.