constructing the person in eu law rights roles identities

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Constructing The Person In Eu Law

Author : Loïc Azoulai
ISBN : 9781782259343
Genre : Law
File Size : 22. 15 MB
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The European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.

Nineteenth Century Perspectives On Private International Law

Author : Roxana Banu
ISBN : 9780192551757
Genre : Law
File Size : 84. 99 MB
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Private International Law is often criticized for failing to curb private power in the transnational realm. The field appears disinterested or powerless in addressing global economic and social inequality. Scholars have frequently blamed this failure on the separation between private and public international law at the end of the nineteenth century and on private international law's increasing alignment with private law. Through a contextual historical analysis, Roxana Banu questions these premises. By reviewing a broad range of scholarship from six jurisdictions (the United States, France, Germany, the United Kingdom, Italy, and the Netherlands) she shows that far from injecting an impetus for social justice, the alignment between private and public international law introduced much of private international law's formalism and neutrality. She also uncovers various nineteenth century private law theories that portrayed a social, relationally constituted image of the transnational agent, thus contesting both individualistic and state-centric premises for regulating cross-border inter-personal relations. Overall, this study argues that the inherited shortcomings of contemporary private international law stem more from the incorporation of nineteenth century theories of sovereignty and state rights than from theoretical premises of private law. In turn, by reconsidering the relational premises of the nineteenth century private law perspectives discussed in this book, Banu contends that private international law could take centre stage in efforts to increase social and economic equality by fostering individual agency and social responsibility in the transnational realm.

Unity In Adversity

Author : Charlotte O'Brien
ISBN : 9781509918522
Genre : Law
File Size : 34. 12 MB
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'In this important contribution to the analysis and construction of European Union citizenship, Charlotte O'Brien provides her characteristic blend of rigorous legal scholarship and compelling social vision. She identifies challenging questions about the relationship between justice and vulnerability that should concern the shaping of law at all levels of governance.' Professor Niamh Nic Shuibhne, University of Edinburgh 'Piercing the veil of well-known proclamations of "equality†? and "non-discrimination†?, in this intimate portrait of Union law O'Brien sounds a sobering wake up call. The Union, to the genuine surprise of some converted, is a powerful actor of injustice, failing the vulnerable Europeans at many a turn, blinded by its own proclaimed righteousness and goodness to be aware of the plight of those it lets down. The sooner we dispel the oxymoronic myth of a "market citizen†? as a necessary tool of the uniquely benevolent EU internal market project, the sooner the process of healing the Union turning its back on the majority of Europeans can begin. This book is an important part of this beginning.' Professor Dimitry Kochenov, University of Groningen 'Doctrinal mastery. Intellectual rigour. Conceptual depth. Empirical enrichment. O'Brien's landmark text offers its readers all of these qualities. But she also writes with a clarity and honesty of purpose that is an inspiration to her readers. Particularly at a time when certain political actors seek to vilify "expertise†?, Unity in Adversity is a testament to the value of independent and critical academic research.' Professor Michael Dougan, University of Liverpool The EU is at a crossroads of constitution and conscience. Unity in Adversity argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. Unity in Adversity draws upon the ground-breaking EU Rights Project, working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. Its study of EU law in action is a radical new approach, and the case studies illustrate the political, legal and administrative obstacles to justice faced by EU nationals. Taken together, the strands demonstrate that 'equal treatment' for EU nationals is an illusion. The UK's welfare reforms directed at EU nationals are analysed as a programme of declaratory discrimination, and in light of the subsequent referendum, should be treated as a cautionary tale – both to the EU, to take social justice seriously, and to other Member States, to steer away from xenophobic law-making.

Architectural Space In Eighteenth Century Europe

Author : Meredith Martin
ISBN : 9781351576062
Genre : Art
File Size : 35. 17 MB
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Architectural Space in Eighteenth-Century Europe: Constructing Identities and Interiors explores how a diverse, pan-European group of eighteenth-century patrons - among them bankers, bishops, bluestockings, and courtesans - used architectural space and décor to shape and express identity. Eighteenth-century European architects understood the client's instrumental role in giving form and meaning to architectural space. In a treatise published in 1745, the French architect Germain Boffrand determined that a visitor could "judge the character of the master for whom the house was built by the way in which it is planned, decorated and distributed." This interdisciplinary volume addresses two key interests of contemporary historians working in a range of disciplines: one, the broad question of identity formation, most notably as it relates to ideas of gender, class, and ethnicity; and two, the role played by different spatial environments in the production - not merely the reflection - of identity at defining historical and cultural moments. By combining contemporary critical analysis with a historically specific approach, the book's contributors situate ideas of space and the self within the visual and material remains of interiors in eighteenth-century Europe. In doing so, they offer compelling new insight not only into this historical period, but also into our own.

Identity And Migration In Europe Multidisciplinary Perspectives

Author : MariaCaterina La Barbera
ISBN : 9783319101279
Genre : Social Science
File Size : 79. 56 MB
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This book addresses the impact of migration on the formation and transformation of identity and its continuous negotiations. Its ground is the understanding of identity as a complex social phenomenon resulting from constant negotiations between personal conditions, social relationships, and institutional frameworks. Migrations, understood as dynamic processes that do not end when landing in the host country, offer the best conditions to analyze the construction and transformation of social identities in the postcolonial and globalized societies. Searching for novel epistemologies and methodologies, the research questions here addressed are how identity is negotiated in migration processes, and how these negotiations work in contemporary multiethnic Europe. This edited volume brings to the field a novel convergence of theoretical and empirical approaches by gathering together scholars from different countries of Europe and the Mediterranean area, from different disciplines and backgrounds, challenging the traditional discipline division.

Profiling The European Citizen

Author : Mireille Hildebrandt
ISBN : 1402069146
Genre : Computers
File Size : 56. 88 MB
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In the eyes of many, one of the most challenging problems of the information society is that we are faced with an ever expanding mass of information. Based on the work done within the European Network of Excellence (NoE) on the Future of Identity in Information Society (FIDIS), a set of authors from different disciplinary backgrounds and jurisdictions share their understanding of profiling as a technology that may be preconditional for the future of our information society.

Constructing Sovereignty Between Politics And Law

Author : Tanja E. Aalberts
ISBN : 9780415596763
Genre : Political Science
File Size : 85. 84 MB
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This book explores the interplay between sovereignty, politics and law through different conceptualizations of sovereignty. Despite developments such as European integration, globalization, and state failure, sovereignty proves to be a resilient institution in contemporary international politics. This book investigates both the continuity and change of sovereignty through an examination of the different ways it is understood; sovereignty as an institution, as identity; as a (language) game; and as subjectivity. In this illuminating book, Aalberts examines sovereign statehood as a political-legal concept, an institutional product of modern international society, and seeks an interdisciplinary approach that combines international relations and international law. This book traces the consequences of this origin for the conceptualization of sovereign statehood in modern academic discourse, drawing on key jurisprudence and international treaties, and provides a new framework to consider the international significance of sovereignty. As an innovative approach to a critical institution, Constructing Sovereignty between Politics and Law will be of interest to students and scholars of international relations, international relations theory and international law.

Constitutionalization Of European Private Law

Author : Hans Micklitz
ISBN : 9780191020087
Genre : Law
File Size : 85. 13 MB
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In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.

Human Rights And European Law

Author : Mary Arden
ISBN : 9780198728573
Genre : Law
File Size : 30. 79 MB
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In light of recent criticism of the EU and Strasbourg, Mary Arden makes an invaluable contribution to the debate on transnational courts and human rights. Drawing on years of experience as a senior judge, she explains clearly how human rights law has evolved, and the difficult balances that judges have to strike when interpreting it.

Nationalism And Territory

Author : George W. White
ISBN : 0847698092
Genre : Political Science
File Size : 74. 91 MB
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Why do nations come into conflict? What factors lead to the horrors of ethnic cleansing? This timely book offers clear-eyed answers to these questions by exploring how national identity is shaped by place, focusing especially on Serbia, Hungary, and Romania. Moving beyond studies of nationalism that consider only the economic and geostrategic value of territory, George W. White shows that the very core of national identity is intimately bound to specific places. Indeed, nations define themselves in terms of spaces that have historical, linguistic, and religious meaning, as Serbs have clearly demonstrated in Kosovo. These territories are concrete expressions of a nationAIs identity, both past and present. With his detailed analysis of the places that define national identity in Southeastern Europe, White convincingly shows why territorial disputes so often escalate into war.

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