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The Legitimacy of European Constitutional Orders is a systematic
and comparative study of European constitutional orders, taking
into consideration the national constitutional traditions of
European countries, as well as the defining power of EU law.
Drawing on a wealth of case studies, this book explores the
trajectories followed by European national constitutional orders in
their efforts to attain legitimacy. More in particular, the book
investigates Bruce Ackerman’s influential world constitutionalism
project and engages with the three legitimacy pathways put forward
therein; that is, the revolutionary, the establishment, and the
elite pathways. Such ideal trajectories are revisited and found in
need of being questioned so as to furnish the conceptual tools
essential in the efforts of reconstructing and assessing the
European constitutional orders. The book also considers the
relevance of constitutional transformation and change in
comparative constitutional law, and accounts for the manifold
impacts of the European integration process on national
constitutional trajectories. Offering an original perspective on
the issue of constitutional legitimacy in the European context,
this comprehensive book will be of interest to scholars and
students of comparative law, constitutional law, European law,
political science and constitutional theory as well as researchers
and practitioners in these fields.
Critical theory encapsulates the many connections between theory
and praxis. This Research Handbook addresses the broad range of
these connections in relation to legal thought. Featuring
contributions from leading scholars of law and critical theory, the
Handbook confronts the logic of the institutional with its specific
challenges right across the broad field of legal thought. The
Research Handbook initially addresses the question of definition,
tracking the origins and development of critical legal theory along
its European and North American trajectories. Thematic connections
are made between the development of legal theory and other currents
of critical thought including feminism, Marxism, critical race
theory, varieties of postmodernism, as well as the various 'turns'
(ethical, aesthetic, political) of critical legal theory. Finally,
particular legal disciplines are examined, including labour,
criminal and intellectual property law, exploring what critical
approaches reveal about them with the clear focus on opportunities
for social transformation. This comprehensive and forward-looking
Research Handbook will be of great interest to adherents of
critical legal theory and scholars of jurisprudence more widely, as
it provides a valuable analysis of the latest research and thinking
in this dynamic field.
Jurisprudence: Themes and Concepts offers an original introduction
to, and critical analysis of, the central themes studied in
jurisprudence courses. The book is organised in three parts: Part I
sets out the key elements of modern law and their relation to
political, economic, and social conditions. Part II presents
competing accounts of the nature of legal validity, legality, legal
reasoning, and justice. Both parts feature corresponding tutorial
questions. Part III contains advanced topics including chapters on
legal pluralism, law and disciplinary power, and law and the
Anthropocene. Every chapter gives guidance on further reading. This
fourth edition has been fully revised and updated to take into
account the latest developments in jurisprudential scholarship.
Additional material is included in the coverage of social law,
colonialism and critical race theory, the challenges of digital
technology and the emergence of new legal subjects. Accessible,
interdisciplinary and socially informed, Jurisprudence: Themes and
Concepts is essential reading for all students of jurisprudence and
legal philosophy.
Jurisprudence: Themes and Concepts offers an original introduction
to, and critical analysis of, the central themes studied in
jurisprudence courses. The book is organised in three parts: Part I
sets out the key elements of modern law and their relation to
political, economic, and social conditions. Part II presents
competing accounts of the nature of legal validity, legality, legal
reasoning, and justice. Both parts feature corresponding tutorial
questions. Part III contains advanced topics including chapters on
legal pluralism, law and disciplinary power, and law and the
Anthropocene. Every chapter gives guidance on further reading. This
fourth edition has been fully revised and updated to take into
account the latest developments in jurisprudential scholarship.
Additional material is included in the coverage of social law,
colonialism and critical race theory, the challenges of digital
technology and the emergence of new legal subjects. Accessible,
interdisciplinary and socially informed, Jurisprudence: Themes and
Concepts is essential reading for all students of jurisprudence and
legal philosophy.
Critical theory encapsulates the many connections between theory
and praxis. This Research Handbook addresses the broad range of
these connections in relation to legal thought. Featuring
contributions from leading scholars of law and critical theory, the
Handbook confronts the logic of the institutional with its specific
challenges right across the broad field of legal thought. The
Research Handbook initially addresses the question of definition,
tracking the origins and development of critical legal theory along
its European and North American trajectories. Thematic connections
are made between the development of legal theory and other currents
of critical thought including feminism, Marxism, critical race
theory, varieties of postmodernism, as well as the various 'turns'
(ethical, aesthetic, political) of critical legal theory. Finally,
particular legal disciplines are examined, including labour,
criminal and intellectual property law, exploring what critical
approaches reveal about them with the clear focus on opportunities
for social transformation. This comprehensive and forward-looking
Research Handbook will be of great interest to adherents of
critical legal theory and scholars of jurisprudence more widely, as
it provides a valuable analysis of the latest research and thinking
in this dynamic field.
The essays selected for this volume demonstrate the importance of
law - conceptually, normatively and practically - to a proper
understanding of Hannah Arendt's work. Though Arendt herself was
not a lawyer, and lacked any legal training, it is remarkable that
in each of her guises law plays an often subtle, at times
idiosyncratic, but unavoidably vital role. For example, as a
journalist, confronting the evil of Adolf Eichmann; or as an
essayist, engaged with emerging democracies in the East or their
unravelling in the West; or as a political thinker concerned to
celebrate and secure the conditions for political action; or as a
philosopher, reflecting on man's capacity for judgement. Although
Arendt herself never wrote systematically about law her rich
insights in this field have been studied closely by scholars and
this collection marks the first attempt to gather that work, and to
understand it thematically. In so doing, the editors seek to open a
dual dialogue: inviting Arendt scholars to uncover what Arendt had
to say about law, and legal scholars to evaluate her contribution
to the field of law.
How should the state face the challenge of radical pluralism? How
can constitutional orders be changed when they prove unable to
regulate society? Santi Romano, Carl Schmitt, and Costantino
Mortati, the leading figures of Continental legal institutionalism,
provided three responses that deserve our full attention today.
Mariano Croce and Marco Goldoni introduce and analyze these three
towering figures for a modern audience. Romano thought pluralism to
be an inherent feature of legality and envisaged a far-reaching
reform of the state for it to be a platform of negotiation between
autonomous normative regimes. Schmitt believed pluralism to be a
dangerous deviation that should be curbed through the juridical
exclusion of alternative institutional formations. Mortati held an
idea of the constitution as the outcome of a basic agreement among
hegemonic forces that should shape a shared form of life. The
Legacy of Pluralism explores the convergences and divergences of
these towering jurists to take stock of their ground-breaking
analyses of the origin of the legal order and to show how they can
help us cope with the current crisis of national constitutional
systems.
Jurisprudence: Themes and Concepts offers an original introduction
to, and critical analysis of, the central themes studied in
jurisprudence courses. The book is presented in three parts: the
first two contain general themes with corresponding tutorial
questions, and the third contains advanced topics. Every chapter in
the book gives guidance on further reading. Accessible,
interdisciplinary and socially informed, this book has been revised
to take into account the latest developments in jurisprudential
scholarship.
Despite a long and venerable tradition, the material constitution
almost disappeared from constitutional scholarship after the Second
World War. Its marginalisation saw the rise of a normative and
legalistic style in constitutional law that neglected the role of
social reality and political economy. This collection not only
retrieves the history and development of the concept of the
material constitution, but it tests its theoretical and practical
relevance in the contemporary world. With essays from a diverse
range of contributors, the collection demonstrates that the
material constitution speaks to several pressing issues, from the
significance of economic development in constitutional orders to
questions of constitutional identity. Offering original analyses
supported by international case studies, this book develops a new
model of constitutional reality, one that informs our understanding
of the world in profound ways.
Much has changed in European constitutional law after the Lisbon
Treaty, not least the efforts to increase democratic legitimacy by
engaging national legislatures and introducing a stricter
subsidiary review process, namely the Early Warning Mechanism
(EWM). This collection looks at how national parliaments have
adapted to their new roles and looks at how the new system has
impacted on relations between the EU legislative bodies and
national parliaments. A team of experts from across Europe explore
the effect of the EWM on the national constitutional orders;
analyse the regional impact of EWM and evaluate the new system of
scrutiny.
This book fills a major gap in the ever-increasing secondary
literature on Hannah Arendt's political thought by providing a
dedicated and coherent treatment of the many, various and
interesting things which Arendt had to say about law. Often
obscured by more pressing or more controversial aspects of her
work, Arendt nonetheless had interesting insights into Greek and
Roman concepts of law, human rights, constitutional design,
legislation, sovereignty, international tribunals, judicial review
and much more. This book retrieves these aspects of her legal
philosophy for the attention of both Arendt scholars and lawyers
alike. The book brings together lawyers as well as Arendt scholars
drawn from a range of disciplines (philosophy, political science,
international relations), who have engaged in an internal debate
the dynamism of which is captured in print. Following the editors'
introduction, the book is split into four Parts: Part I explores
the concept of law in Arendt's thought; Part II explores legal
aspects of Arendt's constitutional thought: first locating Arendt
in the wider tradition of republican constitutionalism, before
turning attention to the role of courts and the role of parliament
in her constitutional design. In Part III Arendt's thought on
international law is explored from a variety of perspectives,
covering international institutions and international criminal law,
as well as the theoretical foundations of international law. Part
IV debates the foundations, content and meaning of Arendt's famous
and influential claim that the 'right to have rights' is the one
true human right.
This book fills a major gap in the ever-increasing secondary
literature on Hannah Arendt's political thought by providing a
dedicated and coherent treatment of the many, various and
interesting things which Arendt had to say about law. Often
obscured by more pressing or more controversial aspects of her
work, Arendt nonetheless had interesting insights into Greek and
Roman concepts of law, human rights, constitutional design,
legislation, sovereignty, international tribunals, judicial review
and much more. This book retrieves these aspects of her legal
philosophy for the attention of both Arendt scholars and lawyers
alike. The book brings together lawyers as well as Arendt scholars
drawn from a range of disciplines (philosophy, political science,
international relations), who have engaged in an internal debate
the dynamism of which is captured in print. Following the editors'
introduction, the book is split into four Parts: Part I explores
the concept of law in Arendt's thought; Part II explores legal
aspects of Arendt's constitutional thought: first locating Arendt
in the wider tradition of republican constitutionalism, before
turning attention to the role of courts and the role of parliament
in her constitutional design. In Part III Arendt's thought on
international law is explored from a variety of perspectives,
covering international institutions and international criminal law,
as well as the theoretical foundations of international law. Part
IV debates the foundations, content and meaning of Arendt's famous
and influential claim that the 'right to have rights' is the one
true human right.
This Element aims to explore how the relation between societal
organisation and legal orders - the question of materiality - has
been investigated in philosophy of law. The starting point of the
Element is that such relation has often been left invisible or
thematised in poor and reductive terms. After having explained the
main reasons behind this neglect, the Element provides an overview
of the three main approaches to legal philosophy whose
contributions, though not always effective, can still provide some
insights for a contemporary analysis of legal orders' materiality:
materialism, legal institutionalism, and the new materialism. The
last section of the Element suggests looking for a footing for the
study of materiality in two fields: the metaphysics of relations
and the political economy of legal orders.
Much has changed in European constitutional law after the Lisbon
Treaty, not least the efforts to increase democratic legitimacy by
engaging national legislatures and introducing a stricter
subsidiary review process, namely the Early Warning Mechanism
(EWM). This collection looks at how national parliaments have
adapted to their new roles and looks at how the new system has
impacted on relations between the EU legislative bodies and
national parliaments. A team of experts from across Europe explore
the effect of the EWM on the national constitutional orders;
analyse the regional impact of EWM and evaluate the new system of
scrutiny.
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