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This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.
Western civilization is the Utopia of a better and higher life on Earth. The globalization of neo-liberalism proves that this project has failed. The paradigm of «Critical Theory of Patriarchy» explains this failure and discusses alternatives. By confronting the central civilizations in history, the egalitarian, life-oriented matriarchal one, and the hierarchical, nature and life dominating, hostile patriarchal one, we see that 5000 years of patriarchy have «replaced» matriarchies and nature itself by a «progressive» counter-world of «capital». This transformation characterizes «capitalist patriarchy» including «socialism». Its demise is due to the «alchemical» destruction of the world's resources, thought of, theologically legitimized and fetishized as «creation». This violence is not recognized. Elites have, instead, begun with a new «military alchemy», treating the whole Planet as weapon of mass destruction. Hence, the «Planetary Movement for Mother Earth».
Amongst the novel objects that attracted my attention during my stay in the United States, nothing struck me more forcibly than the general equality of conditions. I readily discovered the prodigious influence which this primary fact exercises on the whole course of society, by giving a certain direction to public opinion, and a certain tenor to the laws; by imparting new maxims to the governing powers, and peculiar habits to the governed. I speedily perceived that the influence of this fact extends far beyond the political character and the laws of the country, and that it has no less empire over civil society than over the Government; it creates opinions, engenders sentiments, suggests the ordinary practices of life, and modifies whatever it does not produce. The more I advanced in the study of American society, the more I perceived that the equality of conditions is the fundamental fact from which all others seem to be derived, and the central point at which all my observations constantly terminated. I then turned my thoughts to our own hemisphere, where I imagined that I discerned something analogous to the spectacle which the New World presented to me. I observed that the equality of conditions is daily progressing towards those extreme limits which it seems to have reached in the United States, and that the democracy which governs the American communities appears to be rapidly rising into power in Europe. I hence conceived the idea of the book which is now before the reader. It is evident to all alike that a great democratic revolution is going on amongst us; but there are two opinions as to its nature and consequences. To some it appears to be a novel accident, which as such may still be checked; to others it seems irresistible, because it is the most uniform, the most ancient, and the most permanent tendency which is to be found in history. Let us recollect the situation of France seven hundred years ago, when the territory was divided amongst a small number of families, who were the owners of the soil and the rulers of the inhabitants; the right of governing descended with the family inheritance from generation to generation; force was the only means by which man could act on man, and landed property was the sole source of power. Soon, however, the political power of the clergy was founded, and began to exert itself: the clergy opened its ranks to all classes, to the poor and the rich, the villein and the lord; equality penetrated into the Government through the Church, and the being who as a serf must have vegetated in perpetual bondage took his place as a priest in the midst of nobles, and not infrequently above the heads of kings. The different relations of men became more complicated and more numerous as society gradually became more stable and more civilized. Thence the want of civil laws was felt; and the order of legal functionaries soon rose from the obscurity of the tribunals and their dusty chambers, to appear at the court of the monarch, by the side of the feudal barons in their ermine and their mail. Whilst the kings were ruining themselves by their great enterprises, and the nobles exhausting their resources by private wars, the lower orders were enriching themselves by commerce. The influence of money began to be perceptible in State affairs. The transactions of business opened a new road to power, and the financier rose to a station of political influence in which he was at once flattered and despised. Gradually the spread of mental acquirements, and the increasing taste for literature and art, opened chances of success to talent; science became a means of government, intelligence led to social power, and the man of letters took a part in the affairs of the State. The value attached to the privileges of birth decreased in the exact proportion in which new paths were struck out to advancement. In the eleventh century nobility was beyond all price; in the thirteenth it might be purchased; it was conferred for the first time in 1270; and equality was thus introduced into the Government by the aristocracy itself.
Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others.
This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.
This book supplies both empirical evidence and scholarly analysis that exemplify successful innovation in South America in the field of sustainability education. Examining the issues from a three-fold perspective, of national policy, regional planning and grassroots projects in schools and communities, the volume offers a comprehensive overview of the contemporary situation in Brazil, Chile, Bolivia, Argentina and Venezuela. It provides case studies as detailed illustrations of the recipe for success as well as to inform researchers and practitioners of the kinds of obstacles and challenges they might face in seeking to manifest sustainability. A good deal of the research and scholarly studies in the field of education for sustainability and sustainable development is underpinned by ‘Western’ norms and culture. This book draws on that literature, yet also teases out features in the case studies that are particular to the region. South America itself encompasses a rich variety of natural and cultural environments—within individual nations as much as continent-wide. This diversity is a recurring theme in the book. The volume’s three sections provide first a general survey, enriched with material from studies conducted in a number of different polities. The second section covers developments in Brazil, South America’s largest nation and one that exhibits many of the features of education for sustainability found across the continent. Part three sets out and explores future trends. As with other books in the Schooling for Sustainable Development series, this volume will add impetus to scholarly exchange as well as contributing insights on education policy and curriculum changes across South American communities that exist in an increasingly globalized world.
This book contributes to the fields of memory and human rights. It offers a novel and interdisciplinary theory on social indifference, and in particular on the indifference of people to human rights violations committed against certain sectors of society in turbulent times. These theoretical frameworks are explored empirically with respect to the Chilean case. Through a blend of mixed methods, the book explains the causes, characteristics and social consequences of the current indifference of Chileans with respect to the human rights violations committed during the dictatorship of Augusto Pinochet (1973-90). The different findings are an invitation to rethink new challenges of transitional justice processes in fragmented societies and to strengthen public policies on human rights.
An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.