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The Human Rights Culture
Lawrence M. Friedman's newest book explores the sheer phenomenon of a near-global arc favoring the idea, and sometimes even the practice, of human rights. Not the usual legal or philosophical examination of rights, this book instead asks: Why is it--as a social and historical matter--that rights discourse is so prevalent and compelling to the current world?"Reams of books and articles have been written about human rights, but THE HUMAN RIGHTS CULTURE is unique. It is the first comprehensive, sociological study of human rights in the contemporary period. With his characteristic erudition and graceful style, Lawrence Friedman addresses all the central topics: women's rights, minority rights, p...
The Impact of European Rights on National Legal Cultures
This book contributes to the debate about the impact of European Community Law on the national constitutional orders and cultures of the respective Member States. The author examines the doctrine of sovereignty as a mechanism within which this impact may be best assessed and in particular how it underwrites the tension between European Union rights and the rights provided by the respective legal orders of the Member States. In particular the book focuses on political,social and civil rights, drawing from T.H. Marshall's typology. In endorsing an appropriate analytical framework, the book challenges both existing law and secondary literature in order to argue that the terminology, the concept...
Contemporary Majority Nationalism
For many years nationalism has been associated with political demands by minority nations that challenge the rights of the central state. However, over the last two decades many works have challenged this perspective, arguing that nationalism - as a political phenomenon - is likely to emerge among both majority and minority nations. In light of a renewed interest in the study of national Contemporary Majority Nationalism brings together a group of major scholars committed to making sense of this widespread phenomenon. To better illustrate the reality of majority nationalism and the way it has been expressed, authors combine analytical and comparative perspectives. In the first section, contributors highlight the paradox of majority nationalism and the ways in which collective identities become national identities. The second section offers in-depth case study analyses of France, the United Kingdom, Spain, Canada, and the United States. This book is an international project led by three members of the Research Group on Plurinational Societies based at Université du Québec à Montréal.
Debating Laws
This book seeks to explore the potential and actual value of parliamentary debates as a source of legislative justification. Drawing on a sample of recent Spanish legislation, the papers collected here analyse (critically) the rationale of several laws or legislative measures as it can be reconstructed from the respective parliamentary discussions. All issues covered have given rise to intense political, legal and social controversy: they range from the combat against gender violence, the legal status of bullfighting, the protection of crime victims and the so-called ‘push-backs’ at the border, to the regulation of euthanasia, the minimum living income, underage girls’ access to aborti...
A Three-Dimensional Theory of Law
What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain
Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. Th...
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Social Alternatives in Southern Europe and Latin America
This book deals with the evolution of initiatives connected to the social and solidarity economy and their political cultures and educational implications in the south of Europe and in Latin America. Employing a comparative perspective, the contributors present 11 studies of these trajectories in Argentina, Chile, Portugal, France, Italy, Spain, and Catalonia in order to engender familiarity with social tributary practices and projects in the Latin world. As the cyclical crises of capitalism and their resulting inequalities have created proposals of reform and brought them into action, certain shared ideological influences and policies have emerged across these societies. Faced with the interpretative schemes used for the Anglo-Saxon sphere, which have been the usual reference in international research, this volume’s geographical and cultural matrix of analysis helps fill a longstanding gap in this field. The book will be of interest to scholars, educators, and students specialising in the history and political science of the social and solidarity economy sectors, as well as professionals involved in cooperatives, mutual aid societies, and associations.
Conceptions and Misconceptions of Legislation
This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around t...
