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Five Republics and One Tradition
Like many countries around the world, Chile is undergoing a political moment when the nature of democracy and its political and legal institutions are being challenged. Senior Chilean legal scholar and constitutional historian Pablo Ruiz-Tagle provides an historical analysis of constitutional change and democratic crisis in the present context focused on Chilean constitutionalism. He offers a comparative analysis of the organization and function of government, the structure of rights and the main political agents that participated in each stage of Chilean constitutional history. Chile is a powerful case study of a Latin American country that has gone through several threats to its democracy, but that has once again followed a moderate path to rebuild its constitutional republican tradition. Not only the first comprehensive study of Chilean constitutional history in the English language from the nineteenth-century to the present day, this book is also a powerful defence of democratic values.
Captured by Evil
One of the most powerful words in the English language, corruption is also one of the most troubled concepts in law. According to Laura Underkuffler, it is a concept based on religiously revealed ideas of good and evil. But the notion of corruption defies the ordinary categories by which law defines crimes -- categories that punish acts, not character, and that eschew punishment on the basis of religion and emotion. Drawing on contemporary examples, including former assembly woman Diane Gordon and former governor Rod Blagojevich, this book explores the implications and dangers of maintaining such an archaic concept at the heart of criminal law.
The Idea of Property
Legal scholars and philosophers have long been engaged in studying the secret of the internal structure of property in law. This text aims to advance our understanding of property as an idea and the power that claimed property rights should have against competing public interests.
Essays on Law and War at the Fault Lines
This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law. Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict. Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities.
A Treatise of Legal Philosophy and General Jurisprudence
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of ...
The Social Outburst and Political Representation in Chile
This is the first book in English to present a comprehensive analysis of the October 2019 social outbreak in Chile and its consequences for the country’s political system. For almost 30 years (1990-2019), Chile was recognized as a model of political and economic stability in Latin America, but the 2019 protests put into question the whole structure of representation based on programmatic political parties. This contributed volume analyzes the causes of the social outbreak by examining the interaction between political parties and social movements in Chile since 2000, establishing bridges between the sociology of social movements and the political science of parties and forms of traditional...
The Ghostwriters
Based on author's thesis (doctoral - Princeton University, 2019).
Conversations with Allende
On the 50th anniversary of the coup that overthrew Allende, a new edition of this classic text on Chile's socialist president The election in Chile of the Marxist leader of the Socialist Party, Salvador Allende, to the presidency in October 1970 inaugurated a political situation unique in Latin America and of world-wide significance. Allende's Popular Unity coalition embraced Socialists and Communists and campaigned on an election programme of unprecedented radicalism – nothing less than the abolition of monopoly capitalism and imperialism in Chile. In this book, Régis Debray, recently released from his Bolivian gaol, questioned President Allende about his strategy for socialism. These di...
Out of Place
Out of Place demonstrates how identity and positionality influence research design and methods in law and society.
Critical Theory to Structuralism
Philosophy in the middle of the 20th Century, between 1920 and 1968, responded to the cataclysmic events of the time. Thinkers on the Right turned to authoritarian forms of nationalism in search of stable forms of collective identity, will, and purpose. Thinkers on the Left promoted egalitarian forms of humanism under the banner of international communism. Others saw these opposed tendencies as converging in the extinction of the individual and sought to retrieve the ideals of the Enlightenment in ways that critically acknowledged the contradictions of a liberal democracy racked by class, cultural, and racial conflict. Key figures and movements discussed in this volume include Schmitt, Adorno and the Frankfurt School, Arendt, Benjamin, Bataille, French Marxism, Black Existentialism, Saussure and Structuralism, Levi Strauss, Lacan and Late Pragmatism. These individuals and schools of thought responded to this 'modernity crisis' in different ways, but largely focused on what they perceived to be liberal democracy's betrayal of its own rationalist ideals of freedom, equality, and fraternity.
