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Racial Justice, Policies and Courts' Legal Reasoning in Europe
This volume looks at how courts and the police handle racial discrimination in Europe. The chapters show that beyond legal technique, neither the legislators nor the judges escape from their own emotions when responding to racial discrimination. But, as the authors point out, emotions are not always negative. They can also help in a positive way in judicial interpretation. The study profiles five countries: Germany, UK, Estonia, Portugal and Spain. Each of these belong both to the European Union and to the Council of Europe. Coverage examines the responsibility of the public powers, more specifically of the legislative and judicial power, both of the police and of the judiciary, in persecuting racist behavior. In addition, the authors also consider the increase in racism in groups of citizens. The authors argue that racial justice is a proactive reinforcement of policies, practices, attitudes and actions that lead to equal access to opportunities for all. After reading this book, readers will gain a better understanding of the reasoning of legislators, police and judges when dealing with racial discrimination in Europe today.
The Rule of Law in Europe
This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term “illiberal democracies” is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also...
Education in Europe: Policies and Politics
This book aims to provide a wide ranging analysis of the educational challenges posed by the treaty signed in Maastricht in 1992. It brings together an international group of specialists in the fields of educational theory, philosophy of education, politics of education, comparative education, and gender equal opportunities. Focusing particularly on pedagogic issues, it is essential reading for those engaged in educational research, for students of education, and for those working with European Union institutions.
The Rights of Minorities: Cultural Groups, Migrants, Displaced Persons and Sexual Identity
This volume focuses on the rights of minorities. Minorities are often subject to discrimination and individuals find themselves being rejected by the majority. In such cases, people belonging to a minority suffer through hostile situations. Minorities discussed in this book are defined in terms of cultural groups, migrants, displaced persons, sexual minorities (sexual identity). As with the previous volume, readers are informed about the concept of human rights, as an instrument through which civil society tries to eliminate the hostility and suffering of minorities and restores a situation of normality. Minorities must also accept that a democratic society is governed by majority rule and t...
Criminalizing Intimate Image Abuse
Intimate image abuse is a recent, endemic phenomenon which raises multiple legal issues and presents a significant challenge for the traditional institutions of law and criminal justice. The nature of this phenomenon requires considering the traditional complexities of regulating privacy, sexual offences, and cybercrimes, alongside the social and cultural issue of what may be considered 'intimate', 'private', or indeed 'sexual'. Since the harm experienced by victims of intimate image abuse is particularly serious and involves disparate legal interests, criminal law has been invoked as one of the solutions, but it is unclear what its role and limits should be. The law's approach should avoid ...
Autonomies et Indépendances
La publication des actes du colloque qui s'est tenu à Lyon en juin 2015 met en lumière la montée en puissance de mouvements indépendantistes et de revendications identitaires dans différentes régions du monde globalisé contemporain. En prenant comme point de départ le référendum écossais de 2014, les discussions ont abordé plusieurs versants du séparatisme catalan, le référendum pour l'autodétermination en Crimée, les revendications identitaires en Nouvelle Zélande ainsi que les efforts pour arriver aux accords de paix en Irlande du Nord. D'autre part, il est intéressant de constater la perte de vitesse des certaines minorités linguistiques en France ou le cas de minorités russophones dans les pays baltes. Finalement, cet ouvrage pose les questions de l'identité nationale, des fondements culturels, linguistiques, historiques ou économiques des nationalismes du XXIe siècle.
The 3 Regional Human Rights Courts in Context
The European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights are three supranational jurisdictions that protect human rights. This book is the first comprehensive study to compare the three regional courts. It also considers how they operate as parts of a greater whole.
Manifestations of Reason: Life, Historicity, Culture Reason, Life, Culture Part II
"Can there be a more flagrant challenge to the recent - and classic - relativisms, scepticisms and 'deconstructivisms' toward reason, rationality, logos than the Vision of the Manifestation of Life?" As Tymieniecka writes in the introduction to this second book on the constructive appreciation of reason (first book: Analecta Husserliana, Vol. XXXIX), the works of the logos manifest themselves indubitably in the edifice of life. Among perspectives in the compass of reason of this collection: individualisation of life, human existence, reason and doxa (studies by Tymieniecka, Kelkel, Schrag, Buscaroli, Kelly, Laycock, and others) the emphasis falls upon 'inner rationalities' of the spirit, creativity, culture (Bosio, D'Ippolito, Delle Site, Barral, Wittkowski, Regina, Haney, Ales Bello, Sivak, Elosequi), culminating in the issues of historiography and history by Mario Sancipriano, to whom the book is dedicated. This collection stems from the work of The World Phenomenology Institute, mainly its two congresses held in Dubrovnik, Yugoslavia, and Verona, Italy.
Legal Philosophy
Many recent political and economic transformations pose difficult questions of legal and social theory. Yet, although these questions are now raised with new urgency, the basic questions are not new. They have long been central features of legal and social philosophy in its most general form. What principles explain or justify legal institutions or decisions, thereby transforming coercion to authority? Are there or could there be any such universal principles? Can any philosophical theory account for such principles? How, if at all, do philosophical theories of law and politics apply to particular issues? And finally, what, if any, do such practical applications tell us about general theories and principles? The essays in this volume represent the efforts of an international group of scholars to understand these general aspects of legal philosophy.
