Law as Passion: Systems Theory and Constitutional Theory in Peripheral Modernity

ISBN-13: 9783030635008 / Angielski / Twarda / 2021 / 251 str.

Miguel Nogueira de Brito; Carina Calabria; Fábio Portela L. Almeida

Spis treści

Part I – Law, State and Global Crisis: Hauke Brunkhorst, The capitalist state in the crisis global capitalism.- Kimmo Nuotio, Towards a Global Rule of Law: Global law in the Context of Law and Development Studies.- Part II – Symbolic constitutionalization: Darío Rodríguez,  Symbolic constitutionalization and constitutional debate in Chile.- Pablo Holmes and Maria Eduarda Dantas, A (more) cosmopolitan sociology of constitutions: Marcelo Neves’ theory of symbolic constitutionalization.- Alexandre Douglas Zaidan de Carvalho, Constitutionalism seen from the Periphery: a perspective about the contribution of Marcelo Neves.- Fábio Portela L. Almeida, Democratic Legitimation without Inclusion: An Evolutionary Approach to Brazilian Societal Crisis.- Part III – Transconstitutionalism: Maurício Palma, Trans-anticonstitutionalism.- Ramon Negócio, Between transconstitutionalism and Technical Practices: Normative Challenges for Brazilian Legal Order.- Miguel Nogueira de Brito, Between Systemic and Agency Normativity: The Constitutionalism of Marcelo Neves.- Part IV – Systems theory and Public Law: Nathaly Mancilla Órdenes and Gustavo Zatelli Correa, From the World-System to World Society: a few notes on the necessity of historical reconstruction.- Luís Heleno Terrinha, The intersystemic rationality of Administrative Law: reflexiveness, structural and environmental observation.

O autorze

Carina Calabria is Visiting Professor at the University Federal of Pernambucos’ School of Law. She holds a PhD (University of Manchester, UK) and a LLM (University of Brasilia, Brazil). She is a former researcher of the Project “A Sociology of the Transnational Constitution”, funded with a Research Grant by the European Research Council, and was a Visiting Professional of the Inter-American Court of Human Rights (2015).

Miguel Nogueira de Brito is Associate Professor at the University of Lisbon’s School of Law and senior researcher at CIDP—Lisbon Centre of Research in Public Law where he coordinates the area of Constitutional Law. His publications include A Justificação da Propriedade Privada numa Democracia Constitucional (Coimbra, 2007) e As Andanças de Cândido (Lisboa, 2011), as well as multiple articles on constitutional law and theory.

Fábio Portela L. Almeida is Clerk at the Brazilian Superior Labour Court. He holds a Doctor of Law Degree, a LLM and a MPhil (University of Brasilia, Brazil). He conducted research as a Visiting Researcher at Harvard Law School (2013/2014) and postdoctoral research as a Visiting Scholar at Europa-Universität Flensburg (2019).

Blurb

Inspired by the works of Professor Marcelo Neves, in this book colleagues come together to explore how their research has been influenced by non-European and post-colonial approaches. With a foreword by Karl-Heinz Ladeur, it features essays written by leading scholars in the fields of sociology of law and constitutional theory – including Hauke Brunkhorst, Darío Rodrígues, Kimmo Nuotio and Pablo Holmes.

The content is divided into four sections, the first of which, “Law, State, and Global Crisis,” covers topics related to the modern constitutional state, the crisis of global capitalism, and the global rule of law. The second, “Symbolic Constitutionalization,” analyzes challenges to constitutionalism in the “Peripheral Modernity.” The authors in the third section examine how the concept of “Transconstitutionalism” can shed new light on contemporary debates concerning global public law. In turn, the last section of the book, “Systems Theory and Public Law,” addresses systems theory issues in the fields of legal history and administrative law.

The book presents a relevant and original discussion encompassing such diverse fields as constitutional theory, international law, systems theory, and sociology of constitutions.