Suchergebnisse

It has been widely feared - especially in Europe - that among the casualties in the "war against terror" it is now necessary to include a number of civil and political rights that used to form the nucleus of the liberal "Rechtstaat". In such times, it its useful to remember that on both sides of the Atlantic there has existed a powerful alternative political tradition - indeed a tradition that extends far beyond the West. This is the tradition of non-violence, one of the offshoots of which is the civil disobedience expounded and analyzed in this book. This exhaustive and carefully analytical study of civil disobedience, translated from Spanish, is a welcome reminder of the tradition that emphasised precisely the need to focus on the quality of the instruments of politics as much as its objectives. This volume seeks to disentangle the limits and possibilities of the tradition of civil disobedience: in what circumstances is it right, or perhaps necessary, to say "no"? The jurisprudential and philosophical literature discussed here is truly enormous and provides a complex and reliable overview of the main problems. This volume is thus a highly welcome contribution not only to discussions about civil and political rights, but also to the construction of the Europe of tomorrow as a political community worth making a commitment to

Notes on Contributors -- PART 1 -- Introduction -- María José Falcón y Tella -- PART 2 -- Law and Literature -- Revenge in Literature -- María José Falcón y Tella -- Arbitration and Literature -- François Ost -- Clarín,Jurist -- Ignacio Torres Muro -- Some Brief Notes on Ezra Pound and Roman Law -- Faustino Martínez Martínez -- The Undeniable Humanism of Concepción Arenal -- María Eugenia Pérez Monte -- PART 3 -- Constitutional Law -- Legal Interpretation -- Timothy Endicott -- The Constitutional Order -- Reforms and Ruptures -- Diego Valadés -- Normative Provisions and Legal Norms -- A Useful Distinction -- Francisco Javier Ezquiaga Ganuzas -- Some Notes on Equality and Legal Equality -- Victoria Iturralde Sesma -- On Equality -- Ramón Maciá Manso -- PART 4 -- Legal Philosophy -- The Law of Nations in Giambattista Vico -- Carla Faralli -- Artificial Law and "Artificious" Rights -- María Amparo Grau Ruiz -- Bioethics and Legal Philosophy -- An Inevitable and Necessary Reflection -- María Casado -- Philosophical Reflection and the Law -- Juan Antonio Martínez Muñoz -- We Are All Vulnerable -- Human Capability, Corporeality and Dignity: Functional Diversity Examined in the Light of Martha C. Nussbaum's Commitment to Justice -- Teresa García-Berrio Hernández -- PART 5 -- Law and Religion -- Religious Autonomy and Labor Relations -- Reflections on Institutions with an Ethos -- Javier Martínez-Torrón -- Religion, Beliefs, and Freedom of Speech -- The Disorientation of the European Court of Human Rights -- Rafael Palomino Lozano -- Index.