SOVEREIGNTY IN POST SOVEREIGN SOCIETY A SYSTEMS THEORY OF EUROPEAN CONSTITUTIONALISM APPLIED LEGAL PHILOSOPHY

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Sovereignty In Post Sovereign Society

Author : Ji?í P?ibá?
ISBN : 9781317052081
Genre : Law
File Size : 85.14 MB
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Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
Category: Law

Self Constitution Of European Society

Author : Jiří Přibáň
ISBN : 9781317057529
Genre : Law
File Size : 24.60 MB
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Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and pluralism and their juridical and political uses in the context of EU constitutionalism. Individual chapters emphasize the importance of interdisciplinary and socio-legal methods in the current research of EU constitutionalism and their potential to re-conceptualize and re-think traditional problems of constitutional subjects, limitation and separation of power, political symbolism and identity politics in Europe. This collection simultaneously describes the EU and its self-constitution as one polity, differentiated society and shared community and its contributors conceptualize the sense of common identity and solidarity in the context of the post-sovereign multitude of European society.
Category: Law

Liquid Society And Its Law

Author : Professor Jiří Přibáň
ISBN : 9781409495574
Genre : Philosophy
File Size : 67.69 MB
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This collection of essays brings together Zygmunt Bauman and a number of internationally distinguished legal scholars who examine the influence of Bauman's recent works on social theory of law and socio-legal studies. Contributors focus on the concept of 'liquid society' and its adoption by legal scholars. The volume opens with Bauman's analysis of fears and policing in 'liquid society' and continues by examining the social and legal theoretical context and implications of Bauman's theory.
Category: Philosophy

Legal Symbolism

Author : Jiří Přibáň
ISBN : 9781317106005
Genre : Law
File Size : 32.5 MB
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Jirí Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.
Category: Law

Leviathan

Author : Thomas Hobbes
ISBN : 9781541518421
Genre : Philosophy
File Size : 47.90 MB
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During the upheaval of the English Civil War in the seventeenth century, political philosopher Thomas Hobbes composed his masterwork, Leviathan. It was first published in 1651, between the trial and execution of King Charles I and the creation of the Commonwealth of England under Oliver Cromwell. In his book, Hobbes argued that a strong and undivided central government was necessary to maintain societal order. By accepting the rule of a sovereign authority figure—which Hobbes called the "Leviathan" after the biblical sea monster—humans could avoid being ruled instead by self-interest and fear, and so escape humankind's natural state of war and violence. This is an unabridged version of Hobbes's most famous philosophical text, which established social contract theory and remained influential in political philosophy for centuries.
Category: Philosophy

Sovereignty

Author : Bertrand de Jouvenel
ISBN : 9781107600171
Genre : Philosophy
File Size : 49.97 MB
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Bertrand de Jouvenel examines the relationship between the distribution of power and the creation of an ethical society.
Category: Philosophy

Constitutional Fragments

Author : Gunther Teubner
ISBN : 9780199644674
Genre : Law
File Size : 44.49 MB
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The powerful private sectors of the world economy remain largely unconstrained by fundamental constitutional rules, leading to human rights abuses on a massive scale. This book examines how the values of constitutional governance can be applied to the private sphere in the modern world, through a network of constitutional fragments.
Category: Law

Sovereignty In Transition

Author : Neil Walker
ISBN : 9781841135649
Genre : Law
File Size : 63.12 MB
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Sovereignty in Transition brings together a group of leading scholars from law and cognate disciplines to assess contemporary developments in the framework of ideas and the variety of institutional forms associated with the concept of sovereignty. Sovereignty has been described as the main organising concept of the international society of states - one which is traditionally central to the discipline and practice of both constitutional law and of international law. The volume asks to what extent,and with what implications, this centrality is challenged by contemporary developments that shift authority away from the state to new sub-state, supra-state and non-state forms. A particular focus of attention is the European Union, and the relationship between the sovereignty traditions of various member states on the one hand and the new claims to authority made on behalf of the European Union itself on the other are examined. The collection also includes contributions from international law, legal philosophy, legal history, political theory, political science, international relations and theology that seek to examine the state of the sovereignty debate in these disciplines in ways that throw light on the focal constitutional debate in the European Union.
Category: Law

Pure Theory Of Law

Author : Hans Kelsen
ISBN : 0520036921
Genre : Law
File Size : 35.96 MB
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Category: Law

Dissidents Of Law

Author : Jiří Přibáň
ISBN : 0754622843
Genre : Law
File Size : 87.25 MB
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The problem of legitimacy and legality is one of the key issues of modern thought and nowhere more intensely debated than in the countries of the former Soviet bloc. Following the anti-communist revolutions of 1989, former communist societies started the historically unprecedented process of transformation from the totalitarian into liberal democratic society, a transformation which has produced much soul-searching and heated debate. In this book the author sets out to prove that legitimation cannot be ultimately secured by the legal system and depends on the external strategy of dissent.
Category: Law