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International justice and interpretation
The 2001 issue of the Yearbook deals with the problem of international justice. What is the meaning of "justice" in the age of globalisation? In which sense can the "right" provide for criteria that make it possible to afford conflicts in international relations? Which new interpretative standards do turn out to be introduced within domestic law by international dimension? This issue of Ars interpretandi tries to answer these questions as well as other ones, according to an interdisciplinary view, which examine their implications in law, ethics, politics, economics and religion.
On Critique
The relationship between sociology and social critique has haunted the discipline since its origins. Does critique divert sociology from its scientific project? Or is critique the ultimate goal of sociology, without which the latter would be a futile activity disconnected from the concerns of ordinary people? This issue has underpinned two divergent theoretical orientations that can be found in the discipline today: the critical sociology that was developed in its most elaborate form by Pierre Bourdieu, and the pragmatic sociology of critique developed by Luc Boltanski and his associates. In critical sociology, description in terms of power relations underscores the potency of mechanisms of ...
Constitutionalism and Transitional Justice in South Africa
Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving ...
Redefining Codification
More than half of the world's population lives under law codes. Yet, defining the concept of codification remains elusive. Rather than delving into abstract theories, this book provides a rich and contextual comparative legal history of codes in France, Germany, the Netherlands, and Belgium from the late eighteenth century to the present. The author starts by examining the evolution of French, German, Dutch, and Belgian codes in their political and comparative context, thus challenging deeply rooted national narratives. He covers the well-studied civil codes and the often-overlooked commercial and procedural codes and drafts that failed to become law. Against this backdrop, the book embarks ...
The Destruction of Art
Last winter, a man tried to break Marcel Duchamp’s Fountain sculpture. The sculpted foot of Michelangelo’s David was damaged in 1991 by a purportedly mentally ill artist. With each incident, intellectuals must confront the unsettling dynamic between destruction and art. Renowned art historian Dario Gamboni is the first to tackle this weighty issue in depth, exploring specters of censorship, iconoclasm, and vandalism that surround such acts. Gamboni uncovers here a disquieting phenomenon that still thrives today worldwide. As he demonstrates through analyses of incidents occurring in nineteenth- and twentieth-century America and Europe, a complex relationship exists among the evolution of...
Law and the Question of the Animal
Law's Animal: A Critical Jurisprudence addresses the problem of 'animal life' in terms that go beyond the usual extension of liberal rights to animals.
The Impossible Machine
A fresh, though counterintuitive, understanding of South Africa’s Truth and Reconciliation Commission’s legal, political, and cultural heritage
A History of Law in Europe
The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
The Roots of International Law / Les fondements du droit international
This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns a...
