Constitutional Politics in Central and Eastern Europe


Book Description

The contributions to this edited volume discuss constitutional politics in 20 Central and Eastern European countries. The country chapters describe all constitutional amendments and new constitutions after the first post-communist constitution-making, all failed amendment attempts, and the political discourses about constitutional politics. Framed by a broad comparative chapter, the country studies are embedded in the established literature on constitutional politics. The book thus provides a better understanding of constitutional politics in the region and beyond.




Concepts of Law


Book Description

Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ’governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.




The Method and Culture of Comparative Law


Book Description

Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are to a great extent a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That however does not make reflection on the method and culture of comparative law meaningless. Mark Van Hoecke has, throughout his career, been interested in many topics, but legal theory, comparative law and methodology of law stand out. Building upon his work, this book brings together a group of leading authors working at the crossroads of these themes: the method and culture of comparative law. With contributions by: Maurice Adams, John Bell, Joxerramon Bengoetxea, Roger Brownsword, Seán Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin Löhnig, Susan Millns, Toon Moonen, Francois Ost, Heikki Pihlajamäki, Geoffrey Samuel, Mathias Siems, Jørn Øyrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels.







Varieties of Multiple Modernities


Book Description

To date, the nascent consequential notion of ‘multiple modernities’ has been predominately grounded in historical research with the purpose of validating the theory. Yet, the notion of multiple modernities represents a radical transformation in the way modernity and, indeed, the contemporary world is viewed. As such, the central aim of this volume is to explore the implications and hidden understanding of the multiple modernities research project beyond historical analysis in order to investigate its wide ranging omnipresent implications as they exist in communication and in the social order of societal membership in contemporary societies. This volume collects new research about multiple modernities and globalization. It shows the new turn of sociological theory in the contemporary scene with respect to multiple modernities, multi-centrism, transglobality, hybridization and multiculturalism, and explores it as a new area of societal communication – one that takes effect in the sectors of a global society as a ‘society of societies’. The studies in this book converge to demonstrate that the route of Western modernization, its cultural program and its institutional structure, does not follow the pathway of modernization that we have thus far observed in the emerged new area. Rather, the continuation of the multiple modernities research program is given a new design, researching the social structure and dynamic of postmodern societies, their exchange and the debate about the flow of free resources. But the studies are also evidence that the sociological theory has no normative foundation. Contributors are: Mehdi P. Amineh, Barrie Axford, Eliezer Ben-Rafael, Shmuel N. Eisenstadt, Mark Jarzombek, Werner Krawietz, Judit Bokser Liwerant, Manussos Marangudakis, Jan Nederveen Pieterse, Gerhard Preyer, Roland Robertson, Luis Roniger, Yitzhak Sternberg, and Michael Sussman.




Epistemology and Ontology


Book Description

Contents A. van Aaken: Synthesizing the Best of Two Worlds: A Combination of New Institutional Economics and Deliberative Theories D. Coskun: Law as symbolic form. Ernst Cassirer and the anthropocentric view of law L. De Sutter: How to Get Rid of Legal Theory? L. Garc�a Ruiz: On the Concept of Law and Its Place in the Legal-Philosophical Research N. Intzessiloglou: Socio-semiotic and socio-cybernetic approaches to legal regulation in an interdisciplinary framework L. Kaehler: The indeterminacy of legal indeterminacy M. Mahlmann: Kant's Conception of Practical Reason and the Prospects of Mentalism M. Mahlmann / J. Mikhail: Cognitive Science, Ethics and Law t G. Noll: The Exclusionary Construction of Human Rights in International Law and Political Theory C. Peterson: The Concept of Legal Dogmatics: From Fiction to Fact F. Puppo: Law, authority and freedom in Sophocles' Antigone M. Sandstr�m: The Concept of Legal Dogmatics Revisited B. Schafer: Ontological commitment and the concept of �legal system� in comparative law and legal theory S. Schaumburg-Mueller: Truth, Law, and Human Rights P. Sommaggio: Boethius' definition of persona: a fundamental principle of modern legal thought X. Yu: Human Faculties and Human Societies - A Three Dimensional Cultural Epistemology W. Zaluski: The Concept of Kantian Rationality and Game Theory.




History of the Literary Cultures of East-Central Europe: Types and stereotypes


Book Description

"Types and stereotypes" is the fourth and last volume of a path-breaking multinational literary history that incorporates innovative features relevant to the writing of literary history in general. Instead of offering a traditional chronological narrative of the period 1800-1989, the "History of the Literary Cultures of East-Central Europe" approaches the region s literatures from five complementary angles, focusing on literature s participation in and reaction to key political events, literary periods and genres, the literatures of cities and sub-regions, literary institutions, and figures of representation. The main objective of the project is to challenge the self-enclosure of national literatures in traditional literary histories, to contextualize them in a regional perspective, and to recover individual works, writers, and minority literatures that national histories have marginalized or ignored. "Types and stereotypes" brings together articles that rethink the figures of National Poets, figurations of the Family, Women, Outlaws, and Others, as well as figures of Trauma and Mediation. As in the previous three volumes, the historical and imaginary figures discussed here constantly change and readjust to new political and social conditions. An Epilogue complements the basic history, focusing on the contradictory transformations of East-Central European literary cultures after 1989. This volume will be of interest to the region s literary historians, to students and teachers of comparative literature, to cultural historians, and to the general public interested in exploring the literatures of a rich and resourceful cultural region."




The Modern State


Book Description

The modern state is hugely important in our everyday lives. It takes nearly half our income in taxes. It registers our births, marriages and deaths. It educates our children and pays our pensions. It has a unique power to compel, in some cases exercising the ultimate sanction of preserving life or ordering death. Yet most of us would struggle to say exactly what the state is. The Modern State offers a clear, comprehensive and provoking introduction to one of the most important phenomena of contemporary life. Topics covered include: * the nation state and its historical context * state and economy * state and societies * state and citizens * international relations * the future of the state




Comparative Law


Book Description

This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.