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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 ...
Proportionality and Transformation
This is the first book on proportionality in Latin American constitutional law. Leading scholars in the region explore how proportionality analysis has become a key part of the constitutional law of a region where, almost paradoxically, constitutions with clear transformative intentions coexist with the highest indicators of social inequality in the world. In this book, scholars, practitioners and students will find a fascinating account of how proportionality has been a central concept in Latin America's constitutional struggles to curtail excessive uses of state power. The book illustrates how, more recently, proportionality has played an important role in national processes of constitutionalization and transitional justice, and how its current uses in the domain of social rights endow it with a distinctive meaning and role in regional constitutionalism. This pioneering book opens up the space for a much needed global conversation on how Latin America has decisively contributed to comparative constitutional law.
Global Canons in an Age of Contestation
Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be...
Democratizing Democracy
The majorconflicts between the Global North and the South can be expected toresult from the confrontation of alternative conceptions of democracy,mainly between liberal or representative democracy and participatorydemocracy. The hegemonic model of democracy, while prevailing on aglobal scale, guarantees no more than low-intensity democracy. Inrecent times, participatory democracy has exhibited a new dynamic,engaging mainly subaltern communities and social groups that fightagainst social exclusion and the suppression of citizenship. In thiscollection of reports from the Global South-India, South Africa,Mozambique, Colombia, and Brazil-De Sousa Santos and his colleaguesshow how, in some cases, the deepening of democracy results from thedevelopment of dual forms of participatory and representativedemocracy, and points to the emergence of transnational networks ofparticipatory democracy initiatives. Such networks pave one of the waysto the reinvention of social emancipation. This is volume 1 of the Reinventing Social Emancipation project, edited by Boaventura de Sousa Santos.
On Becoming Cuban
With this masterful work, Louis A. Perez Jr. transforms the way we view Cuba and its relationship with the United States. On Becoming Cuban is a sweeping cultural history of the sustained encounter between the peoples of the two countries and of the ways that this encounter helped shape Cubans' identity, nationality, and sense of modernity from the early 1850s until the revolution of 1959. Using an enormous range of Cuban and U.S. sources--from archival records and oral interviews to popular magazines, novels, and motion pictures--Perez reveals a powerful web of everyday, bilateral connections between the United States and Cuba and shows how U.S. cultural forms had a critical influence on the development of Cubans' sense of themselves as a people and as a nation. He also articulates the cultural context for the revolution that erupted in Cuba in 1959. In the middle of the twentieth century, Perez argues, when economic hard times and political crises combined to make Cubans painfully aware that their American-influenced expectations of prosperity and modernity would not be realized, the stage was set for revolution.
Transformative Constitutionalism in Latin America
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en America Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross nat...
Internal Displacement and the Law
The world faces more than 60 million people displaced by armed conflict and disasters as of 2022. Climate change is set to trigger large-scale displacement in the future. Internal Displacement and the Law discusses to what extent the present law can contribute to preventing, responding to, and resolving internal displacement and protecting the rights of these internally displaced persons (IDPs). It also identifies its weaknesses and examines ways to improve action. The book's analysis reflects the realities of internal displacement and the challenges faced by displaced individuals and communities, their hosts, governments, and international actors. Assessing the UN Guiding Principles on Inte...
Pobre Raza!
Fleeing the social and political turmoil spawned by the Mexican Revolution, massive numbers of Mexican immigrants entered the southwestern United States in the early decades of the twentieth century. But instead of finding refuge, many encountered harsh, anti-Mexican attitudes and violence from an Anglo population frightened by the influx of foreigners and angered by anti-American sentiments in Mexico. This book examines the response of Mexican immigrants to Anglo American prejudice and violence early in the twentieth century. Drawing on archival sources from both sides of the border, Arturo Rosales traces the rise of "México Lindo" nationalism and the efforts of Mexican consuls to help poor Mexican immigrants defend themselves against abuses and flagrant civil rights violations by Anglo citizens, police, and the U.S. judicial system. This research illuminates a dark era in which civilian and police brutality, prejudice in the courtroom, and disproportionate arrest, conviction, and capital punishment rates too often characterized justice for Mexican Americans.
On Becoming Cuban
With this masterful work, Louis A. Pĩrez Jr. transforms the way we view Cuba and its relationship with the United States. On Becoming Cuban is a sweeping cultural history of the sustained encounter between the peoples of the two countries and of t
