This book fills a major gap in the ever-increasing secondary literature on Hannah Arendt's political thought by providing a dedicated and coherent treatment of the many, various and interesting things which Arendt had to say about law. Often obscured by more pressing or more controversial aspects of her work, Arendt nonetheless had interesting insights into Greek and Roman concepts of law, human rights, constitutional design, legislation, sovereignty, international tribunals, judicial review and much more. This book retrieves these aspects of her (...) legal philosophy for the attention of both Arendt scholars and lawyers alike. The book brings together lawyers as well as Arendt scholars drawn from a range of disciplines (philosophy, political science, international relations), who have engaged in an internal debate the dynamism of which is captured in print. Following the editors' introduction, the book is split into four Parts: Part I explores the concept of law in Arendt's thought; Part II explores legal aspects of Arendt's constitutional thought: first locating Arendt in the wider tradition of republican constitutionalism, before turning attention to the role of courts and the role of parliament in her constitutional design. In Part III Arendt's thought on international law is explored from a variety of perspectives, covering international institutions and international criminal law, as well as the theoretical foundations of international law. Part IV debates the foundations, content and meaning of Arendt's famous and influential claim that the 'right to have rights' is the one true human right. (shrink)

Even though he is mainly known for his concept of constituent power, Sieyès was one of the first constitutional theorists to ask for a guardian of the constitution which closely resembles contemporary constitutional courts. This article reconstructs the main tenets of his proposal, puts them in the larger context of his constitutional theory and then assesses the constitutional nature and functions of this institution. The judgment is mixed: as an organ, Sieyès’ constitutional jury is a hybrid institution, neither a real (...) third chamber nor a full-fledged constitutional court; however, its functions not only are a clear anticipation of the control of constitutionality, but are also intended to tame constituent power and to protect the rights of man in case of legal gaps. (shrink)

First published in 1917 and 1918, with a second edition in 1946, this is the first English translation of Santi Romano's classic work, L'ordinamento giuridico. The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the (...) institution as 'the first, original and essential manifestation of law'. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby 'there are as many legal orders as institutions'. The acme of a jurisprudential current long overlooked in the Anglophone environment, The Legal Order not only proposes what Carl Schmitt described as a 'very significant theory', but, more importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today's world. (shrink)

Constitutional scholarship has put much emphasis on Montesquieu's principle of separation of powers as developed in the chapter of 'The Spirit of the Laws' devoted to the English constitution (XI, 6). It has also been quite common to mix up this model of separation of powers with elements taken from other sections of Montesquieu's masterpiece. The starting point of this paper is that there is an alternative, second model of separation powers based on the French monarchy of intermediate powers, which (...) is also an instantiation of limited government. From this premise, the paper's aim is to carve out a second version of the principle of separation of powers by focusing on the different role and nature of judicial power in the English and French models. It turns out that the French version of the separation of powers is not based on a strict separation, since it bestows on the higher judicial intermediate bodies both judicial and legislative functions. This also leads to a kind of constitutionalism that is 'in between' ancient and modern, as it is exemplified by Montesquieu's take on the functioning of parliaments. As is typical of his political thought, he sees this intermediate power as representative of traditional and conservative social forces but, at the same time, in virtue of its social status, as an institution which strengthens, by opposing it, the monarch's legislative rationality, and legally contains political action. (shrink)

The debate on political constitutionalism has entirely neglected the constitution-making dimension. This is probably due to the fact that constitution-making usually brings with it undesirable outcomes such as the entrenchment of rights or structures. These outcomes do not respect reasonable disagreement among citizens because they violate the only fair system for settling disagreement: majority rule and equal voting rights. This article argues that political constitutionalists may regret the absence of any claim about constitution-making. Either they are overlooking certain problems inherent (...) to the electoral process that is supposed to tackle disagreement or, even worse, they are downplaying the entrenching effect of ordinary political processes by ignoring the redemptive properties of constituent power. In both cases, their claims undermine the political dimension of constitutionalism. (shrink)

L’analisi degli aspetti più innovativi del pensiero di Lawrence Lessig, e in particolare la messa in luce del rapporto fra diritto ed architettura nello spazio digitale, mostra la necessità per le società contemporanee di dotarsi di una “politica” del codice.

Despite a long and venerable tradition, the material constitution almost disappeared from constitutional scholarship after the Second World War. Its marginalisation saw the rise of a normative and legalistic style in constitutional law that neglected the role of social reality and political economy. This collection not only retrieves the history and development of the concept of the material constitution, but it tests its theoretical and practical relevance in the contemporary world. With essays from a diverse range of contributors, the collection (...) demonstrates that the material constitution speaks to several pressing issues, from the significance of economic development in constitutional orders to questions of constitutional identity. Offering original analyses supported by international case studies, this book develops a new model of constitutional reality, one that informs our understanding of the world in profound ways. (shrink)

This Element aims to explore how the relation between societal organisation and legal orders – the question of materiality – has been investigated in philosophy of law. The starting point of the Element is that such relation has often been left invisible or thematised in poor and reductive terms. After having explained the main reasons behind this neglect, the Element provides an overview of the three main approaches to legal philosophy whose contributions, though not always effective, can still provide some (...) insights for a contemporary analysis of legal orders' materiality: materialism, legal institutionalism, and the new materialism. The last section of the Element suggests looking for a footing for the study of materiality in two fields: the metaphysics of relations and the political economy of legal orders. (shrink)

The introduction looks at the constitutional situation in Chile since the demand for a new Constitution erupted in demonstrations all across the country, and argues that the notion of ‘constitutional moment’ is inadequate to capture the radicality of the popular mobilisation that is sweeping the country as a pure expression of constituent power.

A partire dal commento ad una sentenza sul problema della discriminazione razziale in una scuola privata, Cover presenta una teoria del pluralismo normativo fondata sulla distinzione fra autorità e significato. A tale dicotomia è dovuta la “proliferazione” dei mondi normativi e delle interpretazioni costituzionali. L’autore descrive i processi di formazione dei significati giuridici – la cosiddetta “giusgenesi” – ed offre una teoria della giurisdizione adatta ad un universo giuridico connotato da un radicale pluralismo. Così facendo, Cover intende mettere in luce (...) il potenziale trasformativo del diritto e in particolare del costituzionalismo. (shrink)

Critical theory encapsulates the many connections between theory and praxis. This Research Handbook addresses the broad range of these connections in relation to legal thought. Featuring contributions from leading scholars of law and critical theory, the Handbook confronts the logic of the institutional with its specific challenges right across the broad field of legal thought. The Research Handbook initially addresses the question of definition, tracking the origins and development of critical legal theory along its European and North American trajectories. Thematic (...) connections are made between the development of legal theory and other currents of critical thought including feminism, Marxism, critical race theory, varieties of postmodernism, as well as the various 'turns' (ethical, aesthetic, political) of critical legal theory. Finally, particular legal disciplines are examined, including labour, criminal and intellectual property law, exploring what critical approaches reveal about them with the clear focus on opportunities for social transformation. This comprehensive and forward-looking Research Handbook will be of great interest to adherents of critical legal theory and scholars of jurisprudence more widely, as it provides a valuable analysis of the latest research and thinking in this dynamic field. (shrink)

The Routledge International Handbook of Neuroaesthetics is an authoritative reference work that provides the reader with a wide-ranging introduction to this exciting new scientific discipline. The book brings together leading international academics to offer a well-balanced overview of this burgeoning field while addressing two questions central to the field; how the brain computes aesthetic appreciation for sensory objects, and how is art created and experienced.

Language does not have to be held as a problem for radical enactivists. The scope objection usually presented to criticize enactivist explanations is a problem only if we have a referentialist and representationalist view of the nature of language. Here we present a normative hypothesis for the great question concerning the hard problem of content, namely, on how linguistic practices develop from minds without content. We carry representational content when we master inferential relations and we master inferential relations when we (...) master normative relations, especially when we are introduced into frameworks of authorizations and prohibitions. Inspired by the anti-intellectualism of the later Wittgenstein and Brandom’s inferentialism, we present the hypothesis that language emerges from inferentially articulated action from normative elements and not from manipulation in internal mental states of contents fixed by reference to external things. (shrink)

Induismo -- Buddhismo -- Ebraismo -- Islam -- Cristianesimo.

Embora a reflexão de Kant sobre a especificidade do juízo estético seja tomada pelos intérpretes de sua obra como não tendo o propósito de constituir uma nova possibilidade de pensar a arte e o fazer artístico, não se pode, todavia, negar sua contribuição, particularmente para o reconhecimento da estética como disciplina filosófica. Filósofos aparentemente tão diversos como Hegel, Schelling e Schopenhauer, bem como críticos de literatura e de arte, como os irmãos românticos August e Friedrich Schlegel são unânimes quando se (...) trata de identificar em Kant o primeiro ponto de partida para uma consideração verdadeiramente filosófica da arte. Neste artigo pretendo justamente lançar alguns apontamentos sobre esse lugar atribuído a Kant no horizonte da reflexão estética “sistemática”, que teve início com Baumgarten em 1750 e culminou com o sistema estético de Hegel na terceira década do século XIX. The place of Kant in the fundation of aesthetic as a philosophical disciplinePhilosophers so much different as Hegel, Schelling and Schopenhauer, as well as critics of literature and art, as the romantics brothers August and Friedrich Schlegel, are unanimous in identifying in Kant the starting point for a true philosophical appreciation of art. This paper analyzes the place attributed to Kant on the horizon of the "systematical" aesthetic reflexion, that begun with Baumgarten in 1750 and culminated in the aesthetic system of Hegel in the third decade of the 19 th century. (shrink)

Neste artigo, propõe-se uma leitura das categorias no tratado aristotélico homônimo como um primeiro esboço de uma ontologia regional, centrada nas substâncias sensíveis. Tendo por foco substância, quantidade, qualidade, relativo, agir e sofrer, este trabalho busca expor as duas estratégias principais que Aristóteles parece empregar para chegar a uma lista das categorias: (a) características básicas, cuja satisfação ou não satisfação de cada uma determina a natureza categorial de cada item e (b) a propriedade única que caracteriza cada categoria em contraste (...) com todas as outras. São, então, feitas considerações para vincular esse primeiro esboço ontológico a temas discutidos nos livros Lambda e Zeta da Metafísica, de modo a sugerir as direções principais que a sua ontologia nova (e geral) seguirá ao evoluir para uma teoria unificada da substância. (shrink)

In this work we present some reflections about the interaction of preschool children (between 3 and 5 years old) with sound-producing objects. We implemented the phenomenological approach of Alfred Schutz, who under the influence of Edmund Husserl, elaborated his own notions concerning the Lebenswelt or life-world. We present some situations of interaction with musical instruments by children that have been documented in different research on musical education in early childhood, the same ones we use to exemplify possible analyses from the (...) perspective of the phenomenology of the social world. We conclude with some remarks that conceive of Schutz’s theory as a relevant perspective for the analysis of children’s experiences with sound-producing objects. (shrink)

This article gives a practice-based overview of the implementation aspects of Corporate Responsibility. After discussing the success factors for implementing Corporate Responsibility, the article describes a model for implementing Corporate Responsibility. Special attention is given to the success factors in the subsequent phases of implementation (sensitivity to the organizational environment, awareness of core values and clear leadership), to ensure that the most optimal results attainable for the organization can be reached. The implementation-model is clarified by looking at experiences in implementing (...) Corporate Responsibility at Chiquita. (shrink)

This article gives a practice-based overview of the implementation aspects of Corporate Responsibility. After discussing the success factors for implementing Corporate Responsibility, the article describes a model for implementing Corporate Responsibility. Special attention is given to the success factors in the subsequent phases of implementation (sensitivity to the organizational environment, awareness of core values and clear leadership), to ensure that the most optimal results attainable for the organization can be reached. The implementation-model is clarified by looking at experiences in implementing (...) Corporate Responsibility at Chiquita. (shrink)

Terms of service of on-line platforms too often contain clauses that are potentially unfair to the consumer. We present an experimental study where machine learning is employed to automatically detect such potentially unfair clauses. Results show that the proposed system could provide a valuable tool for lawyers and consumers alike.

Business Ethics: A European Review, EarlyView.