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Focusing on paradoxes and tensions of European legal integration,
this book investigates four complex and inherently contradictory
processes - constitutionalization and democratization,
institution-building and market-making, cross-cultural
communication and European discourse, and cultural exceptionalism
and normalization - to offer a new framework for understanding
contemporary European integration. The volume features
contributions from some of the biggest names in European legal
philosophy, to include Neil MacCormick, Yves Dezalay and Bryant
Garth, Pierre Legrand, Heikki Mattila and David Nelken. It presents
a timely, interdisciplinary approach to an important and topical
area and will be of interest to those concerned with the place of
socio-legal processes, language and culture in the continuous
advancement of the EU project.
First published in 1998, this volume aims to draw attention to an
ongoing shift in the perception of law, which is now increasingly
understood as a cultural and historical phenomenon. As other such
phenomena - like music, literature, or art - it is acknowledged
that it is created in a specific environment, on which it is
dependent for its functioning and interpretation. The historical
aspects of love in a European and Nordic context are underlined, as
well as the modern understanding of love and law as incompatible
and contrasting concepts. Developments within the European Union
and especially the relation of the EU to so called third country
nationals and immigrants demonstrate that the problematic
concerning law and love is not only one of legal philosophy but
also of legal and everyday reality. The claim that love has been
specifically 'European' is discarded as Eurocentrist, and the need
for more particular emotions and a more pragmatic approach to
romantic feelings, for a 'reasonable love' is discussed from legal,
feminist and philosophical perspectives.
Focusing on paradoxes and tensions of European legal integration,
this book investigates four complex and inherently contradictory
processes - constitutionalization and democratization,
institution-building and market-making, cross-cultural
communication and European discourse, and cultural exceptionalism
and normalization - to offer a new framework for understanding
contemporary European integration. The volume features
contributions from some of the biggest names in European legal
philosophy, to include Neil MacCormick, Yves Dezalay and Bryant
Garth, Pierre Legrand, Heikki Mattila and David Nelken. It presents
a timely, interdisciplinary approach to an important and topical
area and will be of interest to those concerned with the place of
socio-legal processes, language and culture in the continuous
advancement of the EU project.
First published in 1998, this volume aims to draw attention to an
ongoing shift in the perception of law, which is now increasingly
understood as a cultural and historical phenomenon. As other such
phenomena - like music, literature, or art - it is acknowledged
that it is created in a specific environment, on which it is
dependent for its functioning and interpretation. The historical
aspects of love in a European and Nordic context are underlined, as
well as the modern understanding of love and law as incompatible
and contrasting concepts. Developments within the European Union
and especially the relation of the EU to so called third country
nationals and immigrants demonstrate that the problematic
concerning law and love is not only one of legal philosophy but
also of legal and everyday reality. The claim that love has been
specifically 'European' is discarded as Eurocentrist, and the need
for more particular emotions and a more pragmatic approach to
romantic feelings, for a 'reasonable love' is discussed from legal,
feminist and philosophical perspectives.
For many nations, a key challenge is how to achieve sustainable
development without a return to centralized planning. Using case
studies from Greenland, Hawaii and northern Norway, this 2006 book
examines whether 'bottom-up' systems such as customary law can play
a critical role in achieving viable systems for managing natural
resources. Customary law consists of underlying social norms that
may become the acknowledged law of the land. The key to determining
whether a custom constitutes customary law is whether the public
acts as if the observance of the custom is legally obligated. While
the use of customary law does not always produce sustainability,
the study of customary methods of resource management can produce
valuable insights into methods of managing resources in a
sustainable way.
For many nations, a key challenge is how to achieve sustainable
development without a return to centralized planning. Using case
studies from Greenland, Hawaii and northern Norway, this 2006 book
examines whether 'bottom-up' systems such as customary law can play
a critical role in achieving viable systems for managing natural
resources. Customary law consists of underlying social norms that
may become the acknowledged law of the land. The key to determining
whether a custom constitutes customary law is whether the public
acts as if the observance of the custom is legally obligated. While
the use of customary law does not always produce sustainability,
the study of customary methods of resource management can produce
valuable insights into methods of managing resources in a
sustainable way.
The book analyses the concept and conditions of transnational
solidarity, its challenges and opportunities, drawing on diverse
disciplines as Law, Political Science, Sociology, Philosophy,
Psychology and History. In the contemporary world, we see two major
opposing trends. The first involves nationalistic and populistic
movements. Transnational solidarity has been under pressure for a
decade because of, among others, global economic and migration
crises, leading to populistic and authoritarian leadership in some
European countries, the United States and Brazil. Countries
withdraw from international commitments on climate, trade and
refugees and the European Union struggles with Brexit. The second
trend, partly a reaction to the first, is a strengthened
transnational grass-root community - a cosmopolitan movement -
which protests primarily against climate change. Based on
interdisciplinary reflections on the concept of transnational
solidarity, its challenges and opportunities are analysed, drawing
on Europe as a focal case study for a broader, global perspective.
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