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Academic Freedom in the European Context
This book explores the concept of academic freedom from a European vantage point. Drawing on both philosophical and legal perspectives, the editors and contributors analyse the concept of academic freedom within the present institutional setting. Academic freedom has long been considered a natural part of higher education, but as the world enters the digital age, a renewed understanding of its role and the threats it must face is required. The authors question the purpose of science without freedom, and subsequently the purpose of political communities without free science. Although the book uses European case studies to answer these questions, it undoubtedly has global relevance: what would be left of the present notion of the ‘global world’ were we to conceive of its character without modern science? This book calls for a critical re-examination of the academic community and its own understanding of the sources, conditions and aims of scientific practice.
Migrants and Refugees from the 1960s until Today
One of the oldest phenomena in the history of mankind is migration, whether peaceful or violent, voluntary or forced, barely noticeable outfl ow or mass movements. In the 19th century, regional migration to frontier territories, as for example in the Russian Empire or the United States of America, was a natural object of research. In the 1960s there was renewed interest in migration history in Western Europe due to the increase of immigration. With the collapse of the Soviet Union and the so-called Eastern Bloc, the history of borders came again into focus, leading to a new generation in migration history. This development was reinforced by the "summer of migration" of 2015. The history of migration to Austria, especially during the Second Republic, has long been a topic overlooked by historians, but received increased attention since the 1980s. The present volume presents research currently being done on the history of migration to or through Austria.
Rethinking the Relationship Between International, EU and National Law
The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.
Justice over the Course of Life
In this interdisciplinary book, experts from philosophy, medicine, law, psychology, economics, and social sciences address questions and develop solutions for a well-designed society of long life. Young as well as old people have to actively shape more and more of their life span. At the same time, aging becomes more multifaceted: the individual view on one’s own life course is changing, and the needs and demands for a fulfilled life are diversifying. The implications affect all spheres of life – from education and workplace to health care and the culture of interaction. They require content-related and structural adjustments for a diverse society of longevity in which multiple generations live alongside each other. But how can change be managed responsibly, how can individual and collective responsibility be distributed appropriately, and how can a sustainable and fair social future be ensured?
Evaluating Academic Legal Research in Europe
Legal academics in Europe publish a wide variety of materials including books, articles and essays, in an assortment of languages, and for a diverse readership. As a consequence, this variety can pose a problem for the evaluation of academic legal research. This thought-provoking book offers an overview of the legal and policy norms, methods and criteria applied in the evaluation of academic legal research, from a comparative perspective.
Reflexive Governance in EU Equality Law
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 t...
The Life and Death of States
An intellectual history of sovereignty that reveals how the Habsburg Empire became a crucible for our contemporary world order Sprawled across the heartlands of Europe, the Habsburg Empire resisted all the standard theories of singular sovereignty. The 1848 revolutions sparked decades of heady constitutional experimentation that pushed the very concept of “the state” to its limits. This intricate multinational polity became a hothouse for public law and legal philosophy and spawned ideas that still shape our understanding of the sovereign state today. The Life and Death of States traces the history of sovereignty over one hundred tumultuous years, explaining how a regime of nation-states...
The Post-Soviet as Post-Colonial
Working to demystify the enigmatic process behind enacting public policies, The Politics of Meaning Struggles uses the case of the 2011 prohibition of hydraulic fracturing by the French government to address the wider phenomenon of governmental shifts in policy decisions.
Modern Isonomy
"In Modern Isonomy distinguished political theorist Gerald Stourzh develops the idea of "isonomy" or a system of equal rights for all, as an alternative to the concept of "democracy." The ideal for Stourzh is a state, and indeed a world, in which individual rights, including the right to participate in politics equally, are clearly defined, and possessed by all, as the core of a real democratic system. Stourzh begins with ancient Greek thought contrasting isonomy--which is associated with the rule of the many--with oligarchies and monarchies, pursuing the implications of these different forms for the rights accorded to individuals. He moves on through history to discuss the American experime...
Constitutional Review in Western Europe
Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. Yet the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre has never been examined accurately and systematically. This volume fills this gap in the literature. To explore the diversity and measure the strength of judicial decisions, the authors have elaborated a new methodology that is intended to give ...
