Formalism, Decisionism and Conservatism in Russian Law

Formalism, Decisionism and Conservatism in Russian Law

Author: Mikhail Antonov

Publisher: BRILL

Published: 2020-11-09

Total Pages: 210

ISBN-13: 9004442588

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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

Published: 2023-12-01

Total Pages: 375

ISBN-13: 1003812953

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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

Published: 2022-10-17

Total Pages: 465

ISBN-13: 9004515879

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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

Published: 2022-08-25

Total Pages: 285

ISBN-13: 1509935592

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'[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

Published: 2023-12-05

Total Pages: 276

ISBN-13: 1003818862

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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

Published: 2016-04-26

Total Pages: 276

ISBN-13: 9004312048

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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.


Conscientious Objection and Human Rights

Conscientious Objection and Human Rights

Author: Grégor Puppinck

Publisher: BRILL

Published: 2017-03-06

Total Pages: 83

ISBN-13: 9004341609

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This study clarifies to which extent it is legitimate, in view of freedom of conscience and religion, to sanction individuals for refusing to take part in an activity they claim to be incompatible with their moral or religious convictions.


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

Published: 2018-07-17

Total Pages: 390

ISBN-13: 9004354263

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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

Published: 2018-01-22

Total Pages: 389

ISBN-13: 9004328785

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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.