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This book is the first systematic, interdisciplinary examination of the peace agreement signed between the Colombian Government and the Revolutionary Armed Forces of Colombia to end one of the largest and most violent conflicts in the Western Hemisphere. It discusses the achievements, failures, and challenges of this innovative peace agreement and its implications for Colombia’s future. Contributors include negotiators of the Agreement, judges of the Special Jurisdiction for Peace, representatives of the civil society, and leading academic experts in peace studies, human rights, international law, criminal law, transitional justice, political science, and philosophy. Based on the premise that peace is a form of transferable social knowledge, and therefore necessitates transformative social learning, the volume also discusses what other countries can learn from the Colombian experience. This book will be of much interest to students of peace and conflict studies, transitional justice, Latin American politics, human rights, civil wars and International Relations.
This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence. It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law’s normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.
Lisa Tessman's Burdened Virtues is a deeply original and provocative work that engages questions central to feminist theory and practice, from the perspective of Aristotelian ethics. Focused primarily on selves who endure and resist oppression, she addresses the ways in which devastating conditions confronted by these selves both limit and burden their moral goodness, and affect their possibilities of flourishing. She describes two different forms of "moral trouble" prevalent under oppression. The first is that the oppressed self may be morally damaged, prevented from developing or exercising some of the virtues; the second is that the very conditions of oppression require the oppressed to d...
In this edited volume, experts on conflict resolution examine the impact of the crises triggered by the coronavirus and official responses to it. The pandemic has clearly exacerbated existing social and political conflicts, but, as the book argues, its longer-term effects open the door to both further conflict escalation and dramatic new opportunities for building peace. In a series of short essays combining social analysis with informed speculation, the contributors examine the impact of the coronavirus crisis on a wide variety of issues, including nationality, social class, race, gender, ethnicity, and religion. They conclude that the period of the pandemic may well constitute a historic turning point, since the overall impact of the crisis is to destabilize existing social and political systems. Not only does this systemic shakeup produce the possibility of more intense and violent conflicts, but also presents new opportunities for advancing the related causes of social justice and civic peace. This book will be of great interest to students of peace studies, conflict resolution, public policy and International Relations.
Using empirical qualitative research, this book conceptualises and demonstrates the value of local practical knowledge for peacebuilding in the context of Northern Ireland. There are increasing calls to involve local people to ensure legitimacy, relevance, and sustainability when seeking to build peace and transform violent conflict. However, as peacebuilding becomes increasingly professionalised, this raises fundamental questions about whose knowledge matters for building peace and what kind of knowledge matters. Seeking to address these questions and to learn from applied practice, this book provides a qualitative empirical research study, investigating 40 practitioners active in conflict ...
This volume explores how Colombian novelists, artists, performers, activists, musicians, and others seek to enact—to perform, to stage, to represent—human rights situations that are otherwise enacted discursively, that is, made public or official, in juridical and political realms in which justice often remains an illusory or promised future. In order to probe how cultural production embodies the tensions between the abstract universality of human rights and the materiality of violations on individual human bodies and on determined groups, the volume asks the following questions: How does the transmission of historical traumas of Colombia’s past, through human rights narratives in vari...
This book is a compilation of twenty essays prepared for the occasion of the XIII Academic Conference of the Constitutional Court of the Republic of Colombia, held in Bogota in January 2019. Gathering some of the most prominent authors in constitutionalism and legal theory, the chapters critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, the use of international and foreign precedents by national Courts, and the theory of transitional justice. The book opens a dialogue between philosophers and empirical researchers, building bridges between 'Global North' and 'Global South' approaches to constitutionalism. As such, it is an invitation to reengage with the classical debates on constitutionalism whilst also providing fresh insights into the future of this discipline.
This collection of chapters tracks and explains the impact of the nine core United Nations human rights treaties in 20 selected countries, four from each of the five UN regions. Researchers based in each of these countries were responsible for the chapters, in which they assess the influence of the treaties and treaty body recommendations on legislation, policies, court decisions and practices. By covering the 20 years between July 1999 and June 2019, this book updates a study done 20 years ago.
In the 1970s, new methods of social science research began to flower in Latin America, connecting academic researchers to grassroots social movements. One of these was participatory action research, a method now used by community organizers, educational activists, and social scientists around the world. Historieta Doble traces the roots of participatory action research to the Caribbean coast of Colombia, and to the work of visionary sociologist Orlando Fals Borda with the Colombian Peasant Movement. Beautifully illustrated, this graphic novel shows how Fals Borda combined research and theory with political participation and activism, using comics to capture rural historical memory and allow ...
La creación de un grupo de investigación de derecho internacional humanitario supone un doble reto. Por un lado, la dificultad de recoger las diferentes visiones con respecto al papel del Estado en escenarios de conflicto armado. Por el otro, la consciencia de que la búsqueda de teorizaciones alrededor del conflicto armado se cimienta sobre las pérdidas y los profundos dolores de las víctimas. Este grupo de investigación, conformado por Édgar Solano González, Manuela Losada Chavarro, María Camila Medina García y María Alejandra Osorio Alvis, ha podido asumir ese reto con el apoyo incondicional del doctor Humberto Sierra Porto, director del Departamento de Derecho Constitucional de la Universidad Externado de Colombia. Esta obra colectiva es el resultado del interés de la comunidad académica y jurídica, que de manera desinteresada aceptó nuestro llamado a construir Estado desde la perspectiva teórica del conflicto armado. Gracias a las autoras y los autores que participaron en este libro podemos entregar un producto que espera fortalecer la dogmática del derecho internacional humanitario en Colombia y Latinoamérica.