Law as passion : systems theory and constitutional theory in peripheral modernity
著者
書誌事項
Law as passion : systems theory and constitutional theory in peripheral modernity
Springer, c2021
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注記
"The chapters consolidate discussions set off during the 2018 international seminar 'Between Theory and Society: Law as Passion'."--Pref
Includes bibliographical references
内容説明・目次
内容説明
Inspired by the works of Professor Marcelo Neves, in this book colleagues come together to explore how their research has been influenced by non-European and post-colonial approaches. With a foreword by Karl-Heinz Ladeur, it features essays written by leading scholars in the fields of sociology of law and constitutional theory - including Hauke Brunkhorst, Dario Rodrigues, Kimmo Nuotio and Pablo Holmes.
The content is divided into four sections, the first of which, "Law, State, and Global Crisis," covers topics related to the modern constitutional state, the crisis of global capitalism, and the global rule of law. The second, "Symbolic Constitutionalization," analyzes challenges to constitutionalism in the "Peripheral Modernity." The authors in the third section examine how the concept of "Transconstitutionalism" can shed new light on contemporary debates concerning global public law. In turn, the last section of the book, "Systems Theory and Public Law," addresses systems theory issues in the fields of legal history and administrative law.
The book presents a relevant and original discussion encompassing such diverse fields as constitutional theory, international law, systems theory, and sociology of constitutions.
目次
Part I - Law, State and Global Crisis: Hauke Brunkhorst, The capitalist state in the crisis global capitalism.- Kimmo Nuotio, Towards a Global Rule of Law: Global law in the Context of Law and Development Studies.- Part II - Symbolic constitutionalization: Dario Rodriguez, Symbolic constitutionalization and constitutional debate in Chile.- Pablo Holmes and Maria Eduarda Dantas, A (more) cosmopolitan sociology of constitutions: Marcelo Neves' theory of symbolic constitutionalization.- Alexandre Douglas Zaidan de Carvalho, Constitutionalism seen from the Periphery: a perspective about the contribution of Marcelo Neves.- Fabio Portela L. Almeida, Democratic Legitimation without Inclusion: An Evolutionary Approach to Brazilian Societal Crisis.- Part III - Transconstitutionalism: Mauricio Palma, Trans-anticonstitutionalism.- Ramon Negocio, Between transconstitutionalism and Technical Practices: Normative Challenges for Brazilian Legal Order.- Miguel Nogueira de Brito, Between Systemic and Agency Normativity: The Constitutionalism of Marcelo Neves.- Part IV - Systems theory and Public Law: Nathaly Mancilla Ordenes and Gustavo Zatelli Correa, From the World-System to World Society: a few notes on the necessity of historical reconstruction.- Luis Heleno Terrinha, The intersystemic rationality of Administrative Law: reflexiveness, structural and environmental observation.
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