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Transconstitutionalism
  • Language: en
  • Pages: 246

Transconstitutionalism

  • Categories: Law

Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ra...

Law as Passion
  • Language: en
  • Pages: 256

Law as Passion

  • Categories: Law

Inspired by the works of Professor Marcelo Neves, in this book colleagues come together to explore how their research has been influenced by non-European and post-colonial approaches. With a foreword by Karl-Heinz Ladeur, it features essays written by leading scholars in the fields of sociology of law and constitutional theory – including Hauke Brunkhorst, Darío Rodrígues, Kimmo Nuotio and Pablo Holmes. The content is divided into four sections, the first of which, “Law, State, and Global Crisis,” covers topics related to the modern constitutional state, the crisis of global capitalism, and the global rule of law. The second, “Symbolic Constitutionalization,” analyzes challenges ...

Imagining Brazil
  • Language: en
  • Pages: 322

Imagining Brazil

Imagining Brazil provides a comprehensive and multifaceted picture of Brazil in the age of globalization. Privileging diversity in relation to the authors as well as the manner in which Brazil is perceived, JessZ Souza and Valter Sinder have assembled historians, political scientists, sociologists, literary critics, and scholars of culture in an attempt to understand a complex society in all its richness and diversity. Rising from one of the worldOs poorest societies in the 1930s to the eighth largest world economy in the 1980s, Brazil is used as an example of globalizationOs impact on peripheral societies, exploring in new contexts the serious social problems that have always characterized this society. Imagining Brazil explores the connections between society and politics and culture and literature, creating an encompassing volume of interest to scholars of Latin American studies as well as those interested in how globalization impacts the varied aspects of a country.

Symbolic Constitutionalization
  • Language: en
  • Pages: 193

Symbolic Constitutionalization

  • Categories: Law

The book focuses on the symbolic function of constitutions from the point of view of social contexts in which rule of law and constitutional rights do not play a relevant role despite their solemn declaration in legal texts. It is recommended to anyone interested in understanding modern constitutionalism through the lens of world society.

Race in Contemporary Brazil
  • Language: en
  • Pages: 308

Race in Contemporary Brazil

This collection of writings comes from Brazilian researchers on issues of race in their country. They include race and colour classification systems; access to education, employment and health; and inequalities in the judiciary and politics.

Solidarity
  • Language: en
  • Pages: 300

Solidarity

  • Type: Book
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  • Published: 2005
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  • Publisher: MIT Press

A political sociologist examines the concept of universal, egalitarian citizenship and assesses the prospects for developing democratic solidarity at the global level.

The Differentiation and Autonomy of Law
  • Language: en
  • Pages: 141

The Differentiation and Autonomy of Law

This Element looks first at the fundamental principle of modernity that is the functional differentiation of society, and the emergence of autonomous, positive law. The careful architecture of differentiation, balance, and mutual performance between the legal, political and economic systems is jeopardised with the hypertrophy of any one of the structurally coupled systems at the expense of the others. The pathologies are described in the second section of the Element. It explores how, under conditions of globalisation, market thinking came to hoist itself to the position of privileged site of societal rationality. In the third section we look at what sustains law's own 'reflexive intelligence' under conditions of globalisation, and whether we can still rely today on the constitutional achievement to guarantee law's autonomy, its democratic credentials and its ability to reproduce normative expectations today.

The Redress of Law
  • Language: en
  • Pages: 607

The Redress of Law

  • Categories: Law

This book looks at what a critical understanding of constitutional, labour and European Union law entails under conditions of globalisation.

Systemic Actions in Complex Scenarios
  • Language: en
  • Pages: 225

Systemic Actions in Complex Scenarios

What is the contribution of General System Theory to the macro-level understanding of economic, social and technological changes in our epoch from a multidimensional perspective? What is the contribution of Social Action Theory on a micro-scale? Can complex scenario analyses, although based upon uncertainty and unpredictability, offer a viable toolkit for managing these transformations? This book contains twelve chapters, dealing with these questions from various points of view. It brings together essays in sociology, economics, law and humanities to provide as complete a representation as possible of the current global situation. The theoretical framework adopted here is that the systemic approach provides the most effective tool both for understanding social phenomena and elaborating policy-modelling strategies for decision makers that are supposed to tackle social criticalities.

JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional
  • Language: en
  • Pages: 501

JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional

  • Categories: Law
  • Type: Book
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  • Published: 2012-12-10
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  • Publisher: Lulu.com

A ABPJD (Academia Brasileira de Produção Jurídica Discente) apresenta seu terceiro livro produzido com a colaboração de diversos profissionais da área jurídica, intitulado: "JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional". Essa obra é fruto de inúmeras pesquisas dos alunos do curso de Pós-Graduação em Direito da PUC Minas, tendo contado com a colaboração de diversos docentes e discentes de outras instituições espalhadas por todo o Brasil. Com o objetivo de facilitar a leitura, a obra foi dividida em dois volumes, sendo este o primeiro volume. O que se busca a todo momento é crer em um ordenamento jurídico mais justo e democrático, para tanto, entendemos que a hermenêutica é um caminho seguro para reflexão da aplicação das normas no Estado Democrático de Direito brasileiro. Esperamos que esse livro seja uma reflexão da hermenêutica constitucional e de seu papel na manutenção de ideais mais sólidos de Justiça e Democracia. As Organizadoras.