Suchergebnisse

The indigenous peoples of Colombia have used various forms of resistance to attempt to change their identities and appropriate their lands. Over time the emphasis has shifted from law and legal titles to marches and land occupations to armed resistance and back again to the law. The legal liberalism that emerged with the 1991 Constitution in Colombia led to the demobilization of the indigenous movement of the time as marches and land occupations were abandoned in favor of lawsuits that identified violations of rights. Success in the courts did not result in any change in the government's policies or its model of development. As the focus shifted from the local to the national level, indigenous peoples' problems on the ground remained unresolved. In recent years, however, local organizations have rediscovered old forms of resistance and use the law as just one tool among many for protecting their rights.Los indígenas colombianos han empleado diversas estrategias de resistencia en sus intentos por cambiar su identidad y conservar sus tierras. Lo que en un principio se manifestó como apelaciones a la ley y títulos legales dio, posteriormente, lugar a marchas, ocupación de tierras y resistencia armada, para eventualmente volver a la ley. El liberalismo legal producto de la Constitución de 1991 llevó a la desmovilización del movimiento indígena y las marchas y ocupaciones fueron sustituidas por demandas legales en torno a violación de derechos. Los éxitos obtenidos en la corte, sin embargo, no alteraron la política gubernamental o el modelo de desarrollo. Conforme la atención pasó de los niveles locales al entorno nacional, los problemas indígenas continuaron sin resolución alguna. Recientemente, algunas organizaciones locales han redescubierto antiguas formas de resistencia y utilizan la ley como una herramienta más para proteger sus derechos.

This paper provides a reflective analysis of the nature of normative critiques of law generally, and within medical law specifically. It first seeks to establish the context within which critical analysis of law and legal measures takes place, and develops an argument that critiques should focus on political norms. Entailed in this claim is the contention that positions that seek to address controversial social problems can not resort simply to moral philosophy. It then provides a brief account of political liberalism that can contain and expose normative constraints on questions of moral and social contention. The focus then moves to a more direct reflection on medico-legal analysis. Considering both medical law as a discipline, and the study of end-of-life issues, the argument highlights the range of relevant issues that must be accounted for, and addresses the question of whether these are well conceived as ones of medical law. It is argued that a political framing offers a good general analytic context, but that when working in legal sub-disciplines analysts risk allowing 'locally' pertinent norms to dominate or unduly constrain wider debate. Thus it is questioned whether 'medical law' provides a coherent frame for social questions related to assisted-dying.

"In this contribution, an endogenous conception of law is defended which can be deployed in regard of different scales of time and domains of the law. In this article, the focus is mainly on labor law. In the first part, a history of the French employment contract law is presented by proposing a grid of its foundations and evolution from the distinction of different principles of justice generating conventions. The change of conventions and its impact on law is precisely treated. In a second part, the recent evolution of this law will be exposed by showing the key role played by legal intermediaries in the contractualization of the working relationship, based on a database of employment contracts. It is shown how lawyers can generate an increasing strategic use of law, disconnected from territorialized conventions, if they do not play their role of mediator between different logics. In the conclusion, the emergence of a transnational law and the transformation of the lawyer profession are questioned." (author's abstract)

Hans Baade's career spans a period marked by the progressive recognition of European law in American academic circles. At the time that Hans Baade decided to make the United States his academic home, historical circumstances had only recently brought to American shores a whole generation of legal scholars, mostly continental European in background and training. Aided by the compelling nature of the stories about law that they had to tell, these scholars connected strategically with an American legal academy that was then only slowly and tentatively emerging from what could be described, not unfairly, as a period of relative intellectual isolation. The law that these scholars brought to the attention of the American legal academy was of course very largely European. But it was a European law in a quite different sense than that which the term 'European law" conjures these days. It was European in one or both of two ways. First, it reflected the law, more specifically the positive law, of one or more particular western or central European countries. Certain jurisdictions-preeminently, but not exclusively, France and Germany-were the most privileged in this respect. At the same time, however, this law was European in the sense of exemplifying a generalized legal tradition that dominated the European continent and that came to provide the classic comparative frame of reference for the common law, namely the continental civil law tradition., This tradition had its boundaries, of course. It tended to exclude not only the law of common law jurisdictions within Europe (such as England or Ireland) but also, to a lesser extent, both the law of certain non-common law traditions (such as the Scandinavian) which, while incontestably European, were not incontestably civilian and, at the same time but for different reasons, the socialist law tradition that had arisen post-war on the otherwise continental civilian soil of central and eastern Europe.