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Does an emergent democracy have an obligation to prosecute its former dictators for crimes against humanity—for what Arendt and Kant called "radical evil"? What impact will such prosecutions have on the future of democracy? In this book, Carlos Santiago Nino offers a provocative first-hand analysis of developments in Argentina during the 1980s, when a brutal military dictatorship gave way to a democratic government. Nino played a key role in guiding the transition to democracy and in shaping the human rights policies of President Ra�l Alfons�n after the fall of the military junta in 1983. The centerpiece of Alfons�n's human rights program was the trial held in a federal court in Buen...
4.2. The Liberal Retreat
In this important and wide-ranging book, a leading political theorist and activist considers the question: What justifies democracy? Carlos Santiago Nino critically examines answers others have given and then develops his own distinctive theory of democracy, emphasizing its deliberative character. In Nino's view, democracy resembles a moral conversation and is valued because of its capacity to generate an impartial perspective, one that takes into account the interests of all citizens. Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citi...
The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR
Using newly translated papers and some of the best extant writings on Kelsen's theory, this volume covers topics including competing ideas on the nature of law, legal validity, legal powers and the unity of municipal and international law.
The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.
The constitutional theorist Owen Fiss explores the purpose and possibilities of life in the law through a moving account of thirteen lawyers who shaped the legal world during the past half century. He tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and principles they served.
The aim of this open access book is to facilitate the identification and description of the different organs as well as pathogens and diseases affecting the most representative species of cephalopods focussed on Sepia officinalis, Loligo vulgaris and Octopus vulgaris. These species are valuable ‘morphotype’ models and belong to the taxonomic groups Sepioidea, Myopsida and Octopoda, which include most of the species with a high market value and aquaculture potential. The study is based on photographs at macroscopic and histological level in order to illustrate the role of the most important pathogens and related diseases from the view of a pathological diagnosis. The reader is able to fam...
An evocative and unforgettable memoir from award-winning journalist Carlos Frías about his journey to Cuba where he retraces his family's history and encounters the realities of Cuba under Fidel Castro's rule. Carlos Frías, an award-winning journalist and the American-born son of Cuban exiles, grew up hearing about his parents' homeland only in parables. Their Cuba, the one they left behind four decades ago, was ethereal. It existed, for him, only in their anecdotes, and in the family that remained in Cuba—merely ghosts on the other end of a telephone. Until Fidel Castro fell ill. Sent to Cuba by his newspaper as the country began closing to foreign journalists in August 2006, Frías beg...
And Ronald C. Slye