Studien zu Gerechtigkeit Demokratie, Nationalität, nationalen Staaten und supranationalen Staaten aus der Perspektive der Rechtstheorie, der Sozialphilosophie und der Sozialwissenschaften / Law, Justice, and the State. Studies in Justice, Democracy, Natio
Description
The problem of the minority voice is an old problem, but one that has not been adequately dealt with. Democracy, in the forms in which it has been institutionalized, has not insured humane prison conditions, equality of the sexes, satisfactory child protection, adequate legal representation, or minority rights; indeed, democracy is often advanced as an excuse for ignoring these issues. The problem of getting a fair and effective hearing for the small, the weak, the poor, and the disadvantaged still lies before us. Such are some of the questions of law, justice and the state toward which the studies in this volume were meant to be directed. They are among the vital questions of our time, and not only in Europe.
This volume presents papers which were all delivered at the 16th IVR World Congress in Reykjavík. Many legal theorists, social philosophers and social scientists have done an excellent work on the topics of nationality and nationalism, the state, the evolution of democracy, competing conceptions of justice, and ideologies and strategies for the future.
Overview
Inhalt: A. Ingram, The Empire Strikes Back: Liberal Solidarity in a Europe des Patries - M. Boruck-Arctowa, Unity and Diversity: The Dilemma of the European Community and National Identity - Å. Frändberg, On the Relation Between Law and State - Z. Bankowski, Don't Think About it: Legalism and Legality - R. Vernengo, Law and Morality: An Analysis of Their Possible Relations - A. de Moor, Contract, Justice and Diversity in the Remaking of Europe - A. Bröstl, Troubles with Law, Justice and Nationalism - J. Bengoetxea, L'état, c'est fini? - A. Allen, Does a Child Have a Right to a Certain Identity? - L. Gianformaggio, Identity, Equality, Similarity and the Law - K. B. Agrawal, The Rule of Law and the Principles of the Welfare State - B.-H. Paik, The Rights of Aliens and Human Rights - J. Elster, The Empirical Study of Justice - P. S. Árdal, Revenge and Punishment: Common Morality and the Law Re-visited, with a Lesson from the Icelandic Sagas - E. Lagerspetz, Democracy and Paradox - R. Martin, Basic Rights - T. Mazzarese, Judicial Implementation of Fundamental Rights: Three Sorts of Problem - J. G. Murphy, Human Decency and the Limitations of Kantianism - J. Sterba, Conceptions of Justice: A Practical Reconcilation - L. D. Eriksson, The Disintegration of the Nation-State - D. Réaume, Moral and Legal Responses to the Multi-cultural, Multi-ethnic State - B. Slattery, Transcending Community: Some Thoughts on Havel and Bergson - M. Troper, Some Thoughts on the Status of the General Theory of the State - J. Bjarup, If you Can't Join Them, Beat Them: Some Jurisprudential Comments on Denmark's Position on the Maastricht Treaty - H. Endre, Post-structuralist Values in the Post-unification Era: Colonisation or Synthesis? - V. Petev, A New Concept of Law for Eastern Europe - M. Zirk-Sadowski, The Instrumentalization of Law and Legal Culture in Eastern European Countries - W. Cragg, Philosophy of Punishment and the Problem of Disparities - Y. R. Haragopal Reddy, Prison Justice and the Rights of Prisoners - S. Marshall, Punishing Women: Equal or Different? - U. Narayan, 'Standard Persons' and 'Non-standard' Vulnerabilities: The Legal Protection of Non-standard Interests - Y. Vishnupriya, The Legal Rights of Children - S. Þorgeirsdóttir, Freedom, Community and the Familiy: Feminist Critique, Communitarianism and Liberalism
