Formalism, Decisionism and Conservatism in Russian Law

Formalism, Decisionism and Conservatism in Russian Law
Author: Mikhail Antonov
Publisher: BRILL
Total Pages: 210
Release: 2020-11-09
Genre: Law
ISBN: 9004442588

This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. This combination leads to internal contradictions in theorizing about law and rights in Russian legal culture.

Law, Culture and Identity in Central and Eastern Europe

Law, Culture and Identity in Central and Eastern Europe
Author: Cosmin Cercel
Publisher: Taylor & Francis
Total Pages: 375
Release: 2023-12-01
Genre: Law
ISBN: 1003812953

Mirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.

Religious Diversity, State, and Law

Religious Diversity, State, and Law
Author: Joseph Marko
Publisher: BRILL
Total Pages: 465
Release: 2022-10-17
Genre: Law
ISBN: 9004515879

This volume provides a comprehensive overview of the various features and challenges of the relationships between peace, state, law, and education in their transnational and international context.

The Constitution of the Russian Federation

The Constitution of the Russian Federation
Author: Jane Henderson
Publisher: Bloomsbury Publishing
Total Pages: 285
Release: 2022-08-25
Genre: Law
ISBN: 1509935592

'[The] scholarship is consistently thorough and lucid, and absolutely reliable' European Public Law As reviews of the first edition attest, this book gives a unique critical and contextual insight into the Constitution of one the world's most powerful countries. Its first edition was published in 2011, when Dmitrii Medvedev was Russia's President. Since then there was a regime change in 2012 as Vladimir Putin returned to the presidency, and, significantly, dramatic shifts in constitutionality as Russia pursues a 'return to traditional values'. The book explores the Constitution's evolution over its nearly 30 years' existence, including the significant amendments of 2020. This second edition situates these important changes in the context of Russia's historical and legal development, as Putin continues to dominate the political scene. It also looks at broader constitutional questions on the interrelation between the main State agencies, the role of the courts, human rights and their enforcement.

Law, Populism, and the Political in Central and Eastern Europe

Law, Populism, and the Political in Central and Eastern Europe
Author: Rafał Mańko
Publisher: Taylor & Francis
Total Pages: 276
Release: 2023-12-05
Genre: Law
ISBN: 1003818862

This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.

A Dialogical Concept of Minority Rights

A Dialogical Concept of Minority Rights
Author: Hanna H. Wei
Publisher: BRILL
Total Pages: 276
Release: 2016-04-26
Genre: Law
ISBN: 9004312048

In A Dialogical Concept of Minority Rights, Hanna H. Wei demonstrates that a more plausible and realistic concept of minority rights should consist of not only rights against the state but also rights against the group. She formulates and defends three separate but related rights to dialogue, and thoroughly analyses how they may operate not only to maintain a healthy balance between the minorities’ need to be culturally distinct and their need to relate to and belong in the larger society, but also that they address the generalisations and presuppositions on which the debate of multiculturalism has been based, and constitute the first step of a possible solution to many of the theoretical and practical difficulties of minority protection.

Complex Equality and the Court of Justice of the European Union

Complex Equality and the Court of Justice of the European Union
Author: Richard Lang
Publisher: BRILL
Total Pages: 390
Release: 2018-07-17
Genre: Law
ISBN: 9004354263

The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.

Ethno-Cultural Diversity and Human Rights

Ethno-Cultural Diversity and Human Rights
Author: Gaetano Pentassuglia
Publisher: BRILL
Total Pages: 389
Release: 2018-01-22
Genre: Law
ISBN: 9004328785

What is the role of ethno-cultural groups in human rights discourse? Under international human rights law, standards are unclear and ambivalent, while traditional analyses have often failed to elucidate and unpack the conceptual, legal, and policy complexities involved. In Ethno-Cultural Diversity and Human Rights, prominent experts chart new territory by addressing contested dimensions of the field. They include the impact of collective interests on rights discourse and nation-building, international law’s responses to group demands for decision-making authority, and concerns for immigration, intersectionality, and peacebuilding. Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, this volume will be essential reading for scholars and practitioners of human rights, diversity, and conflict management.

The Challenge of Carl Schmitt

The Challenge of Carl Schmitt
Author: Chantal Mouffe
Publisher: Verso
Total Pages: 228
Release: 1999-09-17
Genre: Political Science
ISBN: 9781859842447

Schmitt's thought serves as a warning against the dangers of complacency entailed by triumphant liberalism. In this collection of essays Schmitt reminds us that the essence of politics is struggle.