The Redress of Law: Globalisation, Constitutionalism and Market Capture: Global Law Series
Autor Emilios Christodoulidisen Limba Engleză Paperback – 14 apr 2021
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Specificații
ISBN-13: 9781108732109
ISBN-10: 1108732100
Pagini: 350
Dimensiuni: 230 x 155 x 35 mm
Greutate: 0.8 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Global Law Series
Locul publicării:Cambridge, United Kingdom
ISBN-10: 1108732100
Pagini: 350
Dimensiuni: 230 x 155 x 35 mm
Greutate: 0.8 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Global Law Series
Locul publicării:Cambridge, United Kingdom
Cuprins
Introduction; Part I. Political Phenomenology: 1.1. Hannah Arendt and the theory of the bourgeois public sphere; 1.2. Simone Weil, necessity and courage; 1.3. The phenomenology of work; 1.4. Toward a critical phenomenology; Part II. Political Constitutionalism: 2.1. Constituent power and the constitutional distinction; 2.2. Constitutionality; 2.3. Labour, solidarity and the social constitution; 2.4. Constitutionalism adrift; Part III. Market Constitutionalism: 3.1. Market trajectories; 3.2. 'Total market' thinking; 3.3. Europe's social market and the disembedding of labour protection; 3.4. The deep commodification of labour; Part IV. Strategies of redress: 4.1 The constitutional situation; 4.2. Militant formalisms; 4.3. Constitution, autogestion, rupture; 4.4: Constitutionalising contradiction; toward an open constitutional dialectic.
Recenzii
'By which strategies will we reclaim 'our' constitutions from the demands of global capitalist markets and turn them into the political warrant of the freedom they were meant to serve: the freedom of dignity and solidarity? A masterfully orchestrated plethora of arguments, pairing admirable philosophical depth and practical legal design. Critical constitutional theory at its best.' Bert van Roermund, Honorary Professor (em.) Tilburg Law School
'This is the most profound critical theory of constitutionality I know of. The enormous range of social and political theories Christodoulidis is engaging with is breathtaking. He discusses them in depth, not from the cool distant standpoint of neutral scholarship but from the perspective of a political constitutionalism that seeks to synthesize Karl Marx' heritage with Niklas Luhmann's ultra-modern systems theory. His devastating critique of emerging transnational constitutions has one main target – the imperialism of total market thinking. However, what makes his analyses even more fascinating, Christodoulidis does not restrict himself to the usual exercises in critical theory which are suffering from their lack of credible alternatives. He develops strategies for a renewed constitutionality which break the monopoly of nation state constitutions and search for a political constitutionalization of society, particularly continuing the tradition of 'autogestionnaire' labour constitutionalism. He follows a double strategy. While the reformist strategy of 'militant formalisms' seeks to protect the integrity of law against the intrusions of economic rationality, the strategy of 'rupture' and the strategy of 'immanent critique' follow a more radical agenda.' Gunther Teubner, Professor of Private Law and Legal Sociology, Goethe Universität Frankfurt
'No-one has captured the distinction between market constitutionalism and political constitutionalism more vividly or more insightfully than Christodoulidis. And no-one has framed the choice between them more profoundly. This is a book that captures contemporary law's critical condition, but also its continuing critical contribution, with great subtlety and imagination' Neil Walker, Regius Professor of Public Law and the Law of Nature and Nations, University of Edinburgh Law School
'Since Aristotle, jurists and philosophers have studied how human societies are constituted. In a fascinating and poetic fresco, Emilios Christodoulidis also shows how they are today dislocated by market constitutionalism. In a thoughtful dialogue with an impressive variety of authors, he also sheds light on the resources that the law offers to escape the grip of the 'total market'.' Alain Supiot, Professor of Law, Collège de France
'This is the most profound critical theory of constitutionality I know of. The enormous range of social and political theories Christodoulidis is engaging with is breathtaking. He discusses them in depth, not from the cool distant standpoint of neutral scholarship but from the perspective of a political constitutionalism that seeks to synthesize Karl Marx' heritage with Niklas Luhmann's ultra-modern systems theory. His devastating critique of emerging transnational constitutions has one main target – the imperialism of total market thinking. However, what makes his analyses even more fascinating, Christodoulidis does not restrict himself to the usual exercises in critical theory which are suffering from their lack of credible alternatives. He develops strategies for a renewed constitutionality which break the monopoly of nation state constitutions and search for a political constitutionalization of society, particularly continuing the tradition of 'autogestionnaire' labour constitutionalism. He follows a double strategy. While the reformist strategy of 'militant formalisms' seeks to protect the integrity of law against the intrusions of economic rationality, the strategy of 'rupture' and the strategy of 'immanent critique' follow a more radical agenda.' Gunther Teubner, Professor of Private Law and Legal Sociology, Goethe Universität Frankfurt
'No-one has captured the distinction between market constitutionalism and political constitutionalism more vividly or more insightfully than Christodoulidis. And no-one has framed the choice between them more profoundly. This is a book that captures contemporary law's critical condition, but also its continuing critical contribution, with great subtlety and imagination' Neil Walker, Regius Professor of Public Law and the Law of Nature and Nations, University of Edinburgh Law School
'Since Aristotle, jurists and philosophers have studied how human societies are constituted. In a fascinating and poetic fresco, Emilios Christodoulidis also shows how they are today dislocated by market constitutionalism. In a thoughtful dialogue with an impressive variety of authors, he also sheds light on the resources that the law offers to escape the grip of the 'total market'.' Alain Supiot, Professor of Law, Collège de France
Notă biografică
Descriere
This book looks at what a critical understanding of constitutional, labour and European Union law entails under conditions of globalisation.