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How far have we come putting into practice what was declared in the
Universal Declaration of Human Rights, which this year marks its
70th anniversary? How can the Church respond today to the new
challenges threatening these rights, whether relativism,
fundamentalism, and persecution or new types of poverty and
oppression? And with whom can the Church engage on these issues?
With states, religious leaders, international institutions,
cultural institutions, or first and foremost with global civil
society? In addition, what are the roots of fundamental rights, and
what response can there be to the danger of a multiplication of
rights that can paradoxically threaten concepts on the rule of law
and human dignity? These are the fundamental questions addressed
and debated by the experts whose essays appear in this book.
Fundamental Rights and Conflicts among Rights is divided into four
parts: Genesis and Meaning of the Idea of Religious Liberty,
Laicité and Natural Law, Birth and Transformation of the Culture
of Liberty and Human Rights, and the Multiplication of Rights and
the Risk of Destruction of the Idea of Right. Throughout the
volume, prestigious international experts analyze these issues.
Among them are Giuseppe Dalla Torre (Libera Universit Maria
SS. Assunta), Jean Louis Ska (Pontificio Istituto Biblico), Robert
P. George (Princeton University), Marta Cartabia (vice president of
the Italian Constitutional Court), Carlos Ignacio Massini (Mendoza,
Argentina), Barbara Zehnpfennig (Universität Passau), Mary Ann
Glendon (Harvard University), Joseph H. Weiler (New York
University), and Roberto Baratta (Macerata, Italia). The volume
also contains an essay by Cardinal Pietro Parolin, secretary of
state, on “The Church's Interlocutors in the Debate and in the
Affirmation of Human Rights.”
This book offers a comparative and historical analysis of the rapid
and profound legal changes that took rise in the 1960s in England,
France, Germany, Sweden, and the United States, while bringing new
and insightful interpretation and critical thought to bear on the
explosion of legislation in the last decade. A unique, detailed
comparative analysis and summary of the current state of family
law, this author's book will serve as a valuable reference for
students, scholars, and reformers.
That ours is a time of intellectual, cultural, moral, and religious
turmoil does not need to be argued. What does need to be argued,
and what Glendon argues with force and freshness, is that our
response to turmoil requires a greater honesty in coming to terms
with tradition, and with traditions in conflict. That is little
understood by many on both the political left and right. Quoting
one of her favourite thinkers, theologian Bernard Lonergan, she
urges us to be “big enough to be at home in the both and old and
new; and painstaking enough to work out one at a time the
transitions to be made.” Working within the capacious structure
of the Christian intellectual tradition, most reflectively and
generously articulated in Catholic teaching, Glendon constructively
engages alternative ways of thinking about what it means to be
human and what is required to nurture a society worthy of human
beings. As the reader will see, her work ranges far and wide, and
it goes deep. There is hardly a subject she addresses that does not
change the way we think about it.
Political speech in the United States is undergoing a crisis.
Glendon's acclaimed book traces the evolution of the strident
language of rights in America and shows how it has captured the
nation's devotion to individualism and liberty, but omitted the
American traditions of hospitality and care for the community.
As Mary Ann Glendon writes in this fascinating new book, the
relationship between politics and the academy has been fraught with
tension and regret-and the occasional brilliant success-since Plato
himself.
In The Forum and the Tower, Glendon examines thinkers who have
collaborated with leaders, from ancient Syracuse to the modern
White House, in a series of brisk portraits that explore the
meeting of theory and reality. Glendon discusses a roster of great
names, from Edmund Burke to Alexis de Tocqueville, Machiavelli to
Rousseau, John Locke to Max Weber, down to Charles Malik, who
helped Eleanor Roosevelt draft the 1948 Universal Declaration of
Human Rights. With each, she explores the eternal questions they
faced, including: Is politics such a dirty business that I
shouldn't get involved? Will I betray my principles by pursuing
public office? Can I make a difference, or will my efforts be
wasted? Even the most politically successful intellectuals, she
notes, did not all end happily. The brilliant Marcus Tullius
Cicero, for example, reached the height of power in the late Roman
Republic, then fell victim to intrigue, assassinated at Mark
Antony's order. Yet others had a lasting impact. The legal scholar
Tribonian helped Byzantine Emperor Justinian I craft the Corpus
Juris Civilis, which became a bedrock of Western law. Portalis and
Napoleon emulated them, creating the civil code that the French
emperor regarded as his greatest legacy.
Formerly ambassador to the Vatican and an eminent legal scholar,
Glendon knows these questions personally. Here she brings
experience and expertise to bear in a timely, and timeless, study.
This new edition includes some significant revisions since the last
edition was published in 2007. In addition to updating the
materials to take into account developments in the law in the
examined jurisdictions, the new edition also places discussion of
the relevant regional law, for the most part European Union and
Council of Europe law, within the examinations of the specific
legal systems themselves (more accurately reflecting the realities
of operating within those systems). In addition, there are updates
and addition to the in-depth chapters focusing on discrete
comparative problems and exercises.
Mary Ann Glendon's A Nation Under Lawyers is a guided tour through
the maze of the late-twentieth-century legal world, in which even
lawyers themselves can lose their bearings. Glendon depicts the
legal profession as a system in turbulence, where a variety of
beliefs and ideals are vying for dominance. Dramatizing issues and
events through stories of lawyers and laypersons caught up in the
currents of change, she provides a frank assessment of the people
and ideas that are transforming our law-dependent culture.
What can abortion and divorce laws in other countries teach
Americans about these thorny issues? In this incisive new book,
noted legal scholar Mary Ann Glendon looks at the experiences of
twenty Western nations, including the United States, and shows how
they differ, subtly but profoundly, from one another. Her findings
challenge many widely held American beliefs. She reveals, for
example, that a compromise on the abortion question is not only
possible but typical, even in societies that are deeply divided on
the matter. Regarding divorce, the extensive reliance on judicial
discretion in the United States is not the best way to achieve
fairness in arranging child support, spousal maintenance, or
division of property-to judge by the experience of other countries.
Glendon's analysis, by searching out alternatives to current U.S.
practice, identities new possibilities of reform in these areas.
After the late 1960s abortion and divorce became more readily
available throughout the West-and most readily in this country-but
the approach of American law has been anomalous. Compared with
other Western nations, the United States permits less regulation of
abortion in the interest of the fetus, provides less public support
for maternity and child-rearing, and does less to mitigate the
economic hardships of divorce through public assistance or
enforcement of private obligations of support. Glendon looks at
these and more profound differences in the light of a powerful new
method of legal interpretation. She sees each country's laws as
part of a symbol-creating system that yields a distinctive portrait
of individuals, human life, and relations between men and women,
parents and children, families and larger communities. American
law, more than that of other countries, employs a rhetoric of
rights, individual liberty, and tolerance for diversity that,
unchecked, contributes to the fragmentation of community and its
values. Contemporary U.S. family law embodies a narrative about
divorce, abortion, and dependency that is probably not the story
most Americans would want to tell about these sad and complex
matters but that is recognizably related to many of their most
cherished ideals.
This nutshell offers a general introduction to comparative law that
includes both an overview of the methods of comparative law as well
as of the two most widespread legal traditions in the world: civil
(or Romano-Germanic) law and common law. For both legal traditions,
this expert discussion covers their history; legal structures,
including constitutional systems, courts, and judicial review; the
roles of central legal actors, including lawyers, judges, and
scholars; an overview of civil and criminal procedure; the
principal sources of law and divisions of substantive law; and the
judicial process. Throughout, the discussion also includes
references to the place and the importance of supranational law and
institutions and their impact on the civil law and common law
traditions in Europe.
Mary Ann Glendon offers a comparative and historical analysis of
rapid and profound changes in the legal system beginning in the
1960s in England, France, West Germany, Sweden, and the United
States, while bringing new and insightful interpretation and
critical thought to bear on the explosion of legislation in the
last decade. Glendon is generally acknowledged to be the premier
comparative law scholar in the area of family law. This volume,
which offers an analytical survey of the changes in family law over
the past twenty-five years, will burnish that reputation. Essential
reading for anyone interested in evaluating the major changes that
occurred in the law of the family. . . . [And] of serious interest
to those in the social sciences as well.--James B. Boskey, Law
Books in Review Poses important questions and supplies rich
detail.--Barbara Bennett Woodhouse, Texas Law Review An impressive
scholarly documentation of the legal changes that comprise the
development of a conjugally-centered family system.--Debra
Friedman, Contemporary Sociology She has painted a portrait of the
family in which we recognize not only ourselves but also
unremembered ideological forefathers. . . . It sends our thoughts
out into unexpected adventures.--Inga Markovits, Michigan Law
Review
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