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Law as Passion
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 ...
Law and Culture in Japan
Volume 30 of Sociology of Crime, Law and Deviance brings together scholars from various disciplinary backgrounds to discuss a variety of aspects and developments related to law and culture in contemporary Japan.
Decrypting Power
Decrypting Power aims to reach a unifying concept that allows the connection of the fundamental theses stemming from critical legal studies, Subaltern studies, decolonization, law and society, global political economy, critical geopolitics and theories of de-coloniality. This volume proposes that this concept is the ‘encryption of power’, a category of analysis that reveals the weakness of political liberalism when it takes the place of the legitimate fundament of democracy, as well as its consummate capacity to conceal new mechanisms of global power. The theory of encryption of power understands that there is only a world where difference exists as the fundamental and sole order, but also that such a possibility is heavily obstructed by the concentration of power in forms of oppression. The world hangs on the thread of this entangled reality, made up of difference and its denial, of democracy and its simulations, of truth and its codifications. The decryption of power is then, above all, a theory of justice essential to radical democracy, which comes fully-equipped to prevail over the conditions that deny the possibility of an egalitarian world.
JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional
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.
Transconstitutionalism
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...
Symbolic Constitutionalization
The subject of this book is the social and political meaning of constitutional texts to the detriment of their legal concretization. Focusing on the discrepancy between the hypertrophically symbolic function of constitutions and their insufficient legal concretization, it offers a critical counterpoint to constitutional theory that treats constitutional texts as a panacea to solving political, legal, and social problems. In contrast to the premises of Niklas Luhmann's systems theory regarding law and constitution in world's society, symbolic constitutionalization is approached here in both a comprehensive and far-reaching perspective. Chapter 1 sets out the debate about symbolic legislation. Chapter 2 explains the notion of symbolic constitutionalization as a problem embracing the whole legal system. Chapter 3 approaches the issue in terms of allopoiesis of law, characterizing it primarily as a problem in peripheral modernity and referring to the Brazilian experience. The final chapter discusses the tendency to a symbolic constitutionalization of world society in the scope of a paradoxical peripheralization of the centre.
Constitutionalism and the Paradox of Principles and Rules
Oxford Constitutional Theory has rapidly established itself as the primary point of reference for theoretical reflections on the growing interest in constitutions and constitutional law in domestic, regional, and global contexts. The majority of the works published in the series are monographs that advance new understandings of their subject. But the series aims to provide a forum for further innovation in . the field by also including well-conceived edited collections that bring a variety of perspectives and disciplinary approaches to bear on specific themes in constitutional thought and by publishing English translations of leading monographs in constitutional theory that have originally been written in languages other than English. Book jacket.
Introduction to Legal English
Employing a hands-on, structured approach, the author leads the reader through carefully crafted exercises that allow readers to understand and make practical use of AngloAmerican legal terminology. The layered sequence of topics and exercises leads from the simplest use of legal terminology in conversation to mastery of advanced legal terminology and increasingly complex writing.
