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In this book, López proposes the ‘political imaginary’ model as a tool to better understand what human rights are in practice, and what they might, or might not, be able to achieve. Human rights are conceptualised as assemblages of relatively stable, but not unchanging, historically situated, and socially embedded practices. Drawing on an emerging iconoclastic historiography of human rights, the author provides a sympathetic yet critical overview of the field of the sociology of human rights. The book addresses debates regarding sociology’s relationships to human rights, the strengths and limits of the notion of practice, human rights’ affinity to postnational citizenship and cosmopolitism, and human rights’ curious, yet fateful, entanglement with the law. Human Rights as Political Imaginary will be of interest to students and scholars across a range of disciplines, including sociology, politics, international relations and criminology.
This book offers new perspectives and insights into the functioning of mechanisms utilised by global constitutionalism.
Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which ...
The work of Niklas Luhmann is the most innovative and comprehensive attempt to describe modern society. His views, in turn, have triggered the most intensive criticism ever in social sciences. This book presents his extraordinarily complex theory in a step-by-step fashion and in a way understandable for those who are not familiar with his thought. It examines his views on politics, which, the author argues, is the best way to demonstrate the provocative character of his theory. The book not only facilitates the understanding of Luhmann's theory but is also useful for getting an insight into the methodological problems of the social sciences and the theoretical issues of modern society. Whether we agree with Luhmann or not, his thoughts on democracy, legitimacy, human rights, and the welfare state may help us understand the society we live in. The reader may consider his disillusioning findings as challenges that can contribute to the solution of the problems our society faces.
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
Presents a series of distinct sociological inquiries into the formation of contemporary European law and society.
How to study the contemporary dynamics between the religious, the nonreligious and the secular in a globalizing world? Obviously, their relationship is not an empirical datum, liable to the procedures of verification or of logical deduction. We are in need of alternative conceptual and methodological tools. This volume argues that the concept of ‘social imaginary’ as it is used by Charles Taylor, is of utmost importance as a methodological tool to understand these dynamics. The first section is dedicated to the conceptual clarification of Taylor's notion of social imaginaries both through a historical study of their genealogy and through conceptual analysis. In the second section, we cla...
Shifts across the corpus of international law have brought the international legal system into a closer alignment with the interests of the individual. This has led to a great and growing interest in the roles and status of individuals in international law, and provided new impulses for debate. The Individual in International Law is an exploration of what is described as the humanisation of international law. It examines how international law has accommodated individuals, and how individual status, rights, and obligations have become denser and more important in the international legal system. Split into two parts, the book analyses the humanisation of international law in different historic...
This book investigates the consecutive shifts between three types of intermediary institutions in the European context: Corporatist, Neo-corporatist and Governance institutions. It does so by combining insights from European Political Economy; European Integration and governance studies; and, socio-legal studies in the European context.
In recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the 'private' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional ...