Decolonizing Constitutionalism


Book Description

The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.




Intercultural Constitutionalism


Book Description

This book argues that the effective protection of fundamental rights in a contemporary, multicultural society requires not only tolerance and respect for others, but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays, all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural, this book elaborates a new, and more fundamentally, pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination, this book argues, it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not, then, based on abstract principles, but nor is it bound to any particular cultural norm. Rather, intercultural constitutionalism allows the interpretation of rights, rules and legal principles, which are established in different contexts.




The Anomie of the Earth


Book Description

The contributors to The Anomie of the Earth explore the convergences and resonances between Autonomist Marxism and decolonial thinking. In discussing and rejecting Carl Schmitt's formulation of the nomos—a conceptualization of world order based on the Western tenets of law and property—the authors question the assumption of universal political subjects and look towards politics of the commons divorced from European notions of sovereignty. They contrast European Autonomism with North and South American decolonial and indigenous conceptions of autonomy, discuss the legacies of each, and examine social movements in the Americas and Europe. Beyond orthodox Marxism, their transatlantic exchanges point to the emerging categories disclosed by the collapse of the colonial and capitalist frameworks of Western modernity. Contributors. Joost de Bloois, Jodi A. Byrd, Gustavo Esteva, Silvia Federici, Wilson Kaiser, Mara Kaufman, Frans-Willem Korsten, Federico Luisetti, Sandro Mezzadra, Walter D. Mignolo, Benjamin Noys, John Pickles, Alvaro Reyes, Catherine Walsh, Gareth Williams, Zac Zimmer







Social Justice Language Teacher Education


Book Description

Social justice language teacher education is a response to the acknowledgement that there are social/societal inequities that shape access to learning and educational achievement. In social justice language teacher education, social justice is the driving force and primary organizational device for the teacher education agenda. What does “social justice” mean in diverse global locations? What role does English play in promoting or denying equity? How can teachers come to see themselves as advocates for equal educational access and opportunity? This volume begins by articulating a view of social justice teacher education, followed by language teacher educators from 7 countries offering theorized accounts of their situated practices. Authors discuss powerful components of practice, and the challenges and tensions of doing this work within situated societal and institutional power structures.




Latin America's Multicultural Movements


Book Description

Bringing together the expertise of dozens of Latin American scholars, Latin America's Multicultural Movements examines multicultural rights recognition in theory and in practice. The authors move beyond abstract debates common in the literature on multiculturalism to examine indigenous rights recognition in different real-world settings, comparing cases in unitary states (Bolivia, Ecuador) with subnational autonomy regimes in Mexico's federal states (Chiapas, Oaxaca, and Yucat?n).




Protection and Promotion of Freedom of Religions and Beliefs in the European Context


Book Description

This book offers an in-depth analysis of a fundamental human freedom and a cornerstone of democracy: the Freedom of Religions or Beliefs (FoRB). The book focuses on the legal protection and promotion of FoRB in Europe because, in this context, exercising this right goes beyond a mere internal positioning in terms of legislation; rather, it is influenced by international and supranational case law, as well as the promotional activities of selected non-state subjects of international law. The content is divided into three sections: Part I on the European Convention of Human Rights, Part II on the EU, and Part III on other international actors. The first two Parts examine FoRB in its systematic aspects and “day-to-day” aspects. In contrast, the third Part highlights the promotional activities carried out by the Holy See, the ILO, the Council of Europe (“beyond the Strasbourg Court”), and the OSCE to promote, recommend or otherwise support it. Overall, the volume highlights how the exercise of FoRB can be ensured via international and supranational legal protection (both normative and judicial) and via promotional activities aimed at encouraging and helping states guarantee tolerance and pluralism in their national legislation. The 16 main chapters offer a broad overview of the topic under investigation. Each contribution can be seen as a stand-alone study and, simultaneously, as a link in a chain of legal analysis that connects multiple FoRB-focused questions. The book offers a valuable tool for all readers with an academic or professional interest in FoRB and those who have to address the issue of how to protect this freedom. It is intended not only for academics who work in the field of law but also for legal practitioners (judges, lawyers, diplomats), human rights advocates, members of religious and spiritual communities, policymakers and students.




Traducción E Interculturalidad


Book Description

Este volumen contiene una selección de artículos sobre la traducción literaria que fueron presentados durante la Conferencia Internacional «Traducción e Intercambio Cultural en la Época de la Globalización», celebrada en el mayo de 2006 en la Facultad de Filología de la Universidad de Barcelona. La Conferencia fue organizada por el grupo de investigación del CRET «Traducción e interculturalidad», de la Universidad de Barcelona. El volumen incluye una muestra representativa del múltiple y variado debate en las lenguas española, portuguesa, catalana e inglesa en torno a la traducción literaria en Europa y América (América Latina, EEUU, Canadá). Además, se abordan también otras cuestiones traductológicas de índole general. El «Ministerio de Educación y Ciencia» español ha tenido a bien financiar tanto la Conferencia como la antología dentro del marco del Proyecto de Investigación BFF2003-002216.




Political Philosophy from an Intercultural Perspective


Book Description

The objective of the following collected volume is to encourage a critical reflection on the relationship between "power" and "non-power" in our contemporary "world" and, proceeding from various philosophical traditions, to investigate the multifaceted aspects of this relationship. The authors’ respective investigations proceed from an intercultural perspective and fall predominantly in the domain of political theory and philosophy. This volume takes an intercultural political perspective, which means, on the one hand, involving non-European philosophies in a global debate about power relations and their effects in the world and, on the other hand, confronting local traditions of thought with a global inquiry in order to enter into a philosophical-political dialogue with these traditions. An intercultural approach of this type to political philosophy seeks not only to join others in reflecting upon global problems, but also to decenter of our understanding of the world, drawing attention to new ways of thinking. Insofar as the authors of the planned volume deal with "concrete" philosophical-political problems unfolding in various regions of the world, they seek to shed light on burning issues like migration, human rights violations, dictatorship and language, global poverty, power asymmetries, experiences of injustice with the further goal of offering a particularly intercultural analysis of these problems along with approaches to resolving them. To date, there is no book that collects various essays from different countries and perspectives and poses political-philosophical problems from an intercultural point of view.