La crisis del Estado y el Derecho político

La crisis del Estado y el Derecho político

Author: Adolfo González Posada y Biesca

Publisher: Editorial Reus

Published: 2012-01-01

Total Pages: 288

ISBN-13: 8429016406

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Según el propio autor, Adolfo Posada: "La crisis del Estado -la actual- está prevista y en germen como una reacción contra el Derecho político formalista y formulista del liberalismo abstracto, contra la noción del Estado de la democracia gregaria, inorgánica, contra el olvido de la acción vivificante del espíritu que debe imperar en la sociedad política, contra el desconocimiento de la realidad de las formas colectivas del vivir humano, que ahora se concreta en el sindicalismo, tan a menudo agresivo, y que se condensa en tan variadas formas institucionales, y en tan intensos movimientos localistas... formas colectivas, sustantivas, con natural personalidad no menos real ni legítima que la del Estado, aunque éste propenda a absorberlas y dominarla".


Determinants of Gross Human Rights Violations by State and State-sponsored Actors in Brazil, Uruguay, Chile, and Argentina, 1960-1990

Determinants of Gross Human Rights Violations by State and State-sponsored Actors in Brazil, Uruguay, Chile, and Argentina, 1960-1990

Author: Wolfgang S. Heinz

Publisher: BRILL

Published: 2021-09-27

Total Pages: 902

ISBN-13: 900448180X

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This book deals with the gross human rights violations that characterized the military repression in Argentina, Brazil, Chile and Uruguay from the 1960s to the 1980s. Dr Wolfgang Heinz, the author of three of the four case studies is a German scholar. The second author, Dr Hugo Frühling, is a Chilean researcher. Both are renowned human rights specialists who have done in-depth research on the causes of gross human rights violations in these countries. They have interviewed generals and officers directly involved in the repression. They have unearthed secret documents and, building on existing scholarship, they have managed to draw a unique picture of the mechanisms of repressive domestic social control. They have investigated international factors as well as the dynamics of the interaction between guerrilleros and urban terrorists on the one hand, and the military, the police forces and the death squads on the other. The result is a comprehensive volume, broad and comparative in scope, and written with clinical detachment but also with humanitarian sympathy for the victims of repression.


Crisis of the Criminal Law in the Democratic Constitutional State

Crisis of the Criminal Law in the Democratic Constitutional State

Author: Eduardo Demetrio Crespo

Publisher: Springer Nature

Published: 2023-03-13

Total Pages: 325

ISBN-13: 3031134133

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The book shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.


Moving Beyond the Crisis : Reclaiming and Reaffirming our Common Administrative Space

Moving Beyond the Crisis : Reclaiming and Reaffirming our Common Administrative Space

Author: Demetrios Argyriades

Publisher: Primento

Published: 2013-03-14

Total Pages: 415

ISBN-13: 2802740830

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With the financial meltdown and the economic crisis in their fifth year already no one can any longer be in doubt about their exceptional gravity, their truly global impact and their profound effects hurting vulnerable groups and the very poor especially. As the world looks for an exit from this economic crisis – the worst in eight decades – the focus of attention is naturally on the causes, the factors that account for its wide reach and severity, as well as on strategies that might bring it to a closure. The quest for exit strategies is at the very centre of the issues and concerns explored in the present volume, produced by the IIAS. Like the preceding volumes, but even more emphatically, this volume, representing a collective endeavour of scholars and practitioners from many parts of the globe, finds cause to lay the blame, for our difficult predicament, on the institutional deficit, the policies, the practices and values that have followed in the trail of a highly misleading and erroneous model of governance. The «Market Model of Governance» as it is known, sought to reform, the structures and culture of administration and government in private sector ways. While instrumental values like efficiency and effectiveness were raised and praised profusely, those of democratic governance were discounted by comparison. In particular, integrity, the rule of law and due process, equity, legality and public service professionalism suffered a steep decline, in several parts of the world. Likewise, the invasion and the capture of public space, inevitably led to an unprecedented surge of greed, abuse and corruption that contributed directly to the crisis which is upon us. Looking for exit strategies, as its title aptly suggests, the present volume offers a rich menu of ideas drawn from the current experience of all the world ́s main regions. Not surprisingly, two concepts stand out throughout the book as necessary correctives, as well as pressing remedies to the world ́s ongoing malaise. They call for the recapture of our common administrative space and the reaffirmation of the values and virtues appropriate for democratic governance. To the IIAS, none perhaps are more important than public service professionalism and none other can contribute more effectively to the reform and consolidation of sound institutions for national, sub national, global and regional governance. For these reasons, at this juncture, the new volume like the others should be featured in every public library and become a vademecum of all scholars and practitioners of public administration and politics around the world.


Philosophical and Sociological Reflections on Labour Law in Times of Crisis

Philosophical and Sociological Reflections on Labour Law in Times of Crisis

Author: Eduardo von Adamovich

Publisher: Cambridge Scholars Publishing

Published: 2022-05-13

Total Pages: 455

ISBN-13: 1527583503

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Starting from the assertion that crisis is part of the essence of labour law, this volume brings together researchers in the field who accepted the challenge to critically reflect on this branch of the discipline. As the COVID-19 pandemic has had a global impact, labour law across the world must come to terms with a new reality. In this context, it would be prudent to adapt to new circumstances by taking known paths. To this end, this book reflects on what effectively constitutes labour law, considering questions which are not usual within labour law. Insights from philosophical, sociological and even economic standpoints are mobilised to reconcile the past with the future of labour law.


Law and Anthropology: International Yearbook for Legal Anthropology

Law and Anthropology: International Yearbook for Legal Anthropology

Author: René Kuppe

Publisher: Martinus Nijhoff Publishers

Published: 1994-10-27

Total Pages: 424

ISBN-13: 9780792331421

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Volume 7 of "Law and Anthropology" brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. This volume developed from the idea that it can be useful to consider current discussions in various legal systems facing issues of cultural difference that cannot be regarded as legal problems related to indigenous societies alone. The book focuses on contradiction between national law and complex and diverse kinship structures, which are essential for the cultural identity of both indigenous groups and cultural minorities. The social construction of gender relations and gender conflicts is an important theme in many essays. Some of the essays examine the area of conflict between cultural practices and universal human rights standards. The demand for cultural rights may collide with human rights standards, especially with the principles of gender equality. This volume will be of great interest to academics and to all those with practical involvement in the field of cultural pluralism. Previously published by VWGO Verlag in Austria, "Law and Anthropology" will be published and distributed by Martinus Nijhoff Publishers from Volume 7 onwards.


Rule of Law and the Challenges Posed by the Pandemic

Rule of Law and the Challenges Posed by the Pandemic

Author: Rainer Arnold

Publisher: Springer Nature

Published: 2023-11-22

Total Pages: 266

ISBN-13: 3031398041

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The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.


Finding Solutions for a Post-Crisis Society

Finding Solutions for a Post-Crisis Society

Author: Teresa Torres-Coronas

Publisher: PUBLICACIONS UNIVERSITAT ROVIRA I VIRGILI

Published: 2015-12-28

Total Pages: 491

ISBN-13: 8484244105

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Since 2007 and the economic meltdown caused by the financial crisis, our societies have been evolving in different ways. New political movements have emerged in Southern Europe and new social movements in pursuit of common concerns are playing a more active role in our daily lives. In a parallel way, after the failure to predict the financial crisis, economist and social science researchers seek fresh thinking and new models that can better explain this new reality. Regulations are of critical importance in shaping the welfare of economies and society. Thus, core legal disciplines are exploring the effects of the financial crisis on social rights, labour market regulations, and civil, common law or international law, among others. With no doubt, the economic crisis has deeply impacted our economic, social, political and legal environment. During the last decade, researchers from a wide range of disciplines have been looking for solutions. Now it is time make a side stop on the way and to gather results. The 1rst International SBRLab Conference, Finding solutions for a post-crisis society, is organized by the Social and Business Research Lab (SBRLab), Universitat Rovira i Virgili. It is as an international and virtual meeting point of interdisciplinary research and researchers. The purpose of this international conference is to bring together researchers from management, economics, political, social and legal disciplines in order to present and discuss new trends in their respective fields.