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mercoledì 1 settembre 2010

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DI DONATO F.
La rinascita dello Stato
Dal conflitto magistratura-politica alla civilizzazione istituzionale europea




Frutto di vent'anni di ricerche condotte su fonti d'archivio francesi manoscritte e inedite, questo volume ha come tema centrale la ricostruzione delle origini del conflitto tra magistratura e potere politico, sviluppato dal duplice punto di vista dell'analisi teorico-dottrinale e della pratica politico-istituzionale. L'argomento, di grande attualità, non è stato mai studiato finora in una prospettiva storica e con strumenti d'indagine rigorosi. L'idea di fondo proposta è che il conflitto si può superare solo in una prospettiva di civilizzazione istituzionale, che implica una concezione dello Stato e soprattutto della statualità che ha messo radici in Europa, mentre nell'Italia dilaniata dallo spirito "feudale" della fazione è ancora largamente sconosciuta.

Francesco Di Donato è professore ordinario di Storia delle istituzioni politiche nella Facoltà di Giurisprudenza dell'Università di Napoli "Parthenope", dove tiene anche il corso di Storia del diritto. Ha insegnato in vari atenei italiani (tra cui quelli di Napoli Federico II, del Sannio e della Calabria) ed esteri ed è "recurrent visiting professor" in Francia e negli Stati Uniti. Tra le sue pubblicazioni: "Esperienza e ideologia ministeriale nella crisi dell'Ancien Régime" (2 voll., Jovene, 1996); "L'ideologia dei 'robins' nella Francia dei Lumi. 1715-1788" (Esi, 2003). Ha inoltre curato e introdotto diverse traduzioni ed edizioni di opere della storiografia giuridica e politica europea, tra cui: D. Richet, "Lo spirito delle istituzioni" (Laterza, 1998) e R. Mousnier, "La costituzione nello Stato assoluto" (Esi, 2002).

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The Irigaray Reader: Luce Irigaray
Margaret Whitford


Anteprima del libro



Luce Irigaray is one of the leading French feminist philosophers and psychoanalysts. Her work is concerned primarily with the construction of femininity and sexual differences in Western philosophy and with the exploration of new psychoanalytical and feminist perspectives on sexual differences. She has written a number of influential books, notably Speculum of the Other Woman and This Sex Which Is Not One, both translated into English.
The Irigaray Reader is a collection of Luce Irigaray's most important papers to date. They range across feminism, philosophy, psychoanalysis and linguistics, and are grouped here into three broad sections: The Critique of Patriarchy, Psychoanalysis and Language, and Ethics and Subjectivity. Each section begins with an introduction by Margaret Whitford, and the book also includes bibliographies of works by and about Irigaray.
A number of pieces in The Irigaray Reader appear for the first time in English. This is the most comprehensive collection available of Irigaray's work, work that has profoundly influenced contemporary debates across a range of disciplines.

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Educating Citizens: Preparing America's Undergraduates for Lives of Moral and Civic Responsibility
Anne Colby, Thomas Ehrlich, Elizabeth Beaumont, Jason Stephens, Lee S. Shulman


Anteprima del libro



Now with a new preface by the authors, Educating Citizens reports on how some American colleges and universities are preparing thoughtful, committed, and socially responsible graduates. Many institutions assert these ambitions, but too few act on them. The authors demonstrate the fundamental importance of moral and civic education, describe how the historical and contemporary landscapes of higher education have shaped it, and explain the educational and developmental goals and processes involved in educating citizens. They examine the challenges colleges and universities face when they dedicate themselves to this vital task and present concrete ways to overcome those challenges.

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CARLO BARTOLINI - DOMENICO CONDELLO
Ordinamento forense e deontologia.




Presentazione dell’opera. – Parte Prima: Ordinamento forense. – I. Le fonti normative. – II. I soggetti dell’Ordinamento forense. – III. I Consigli dell’Ordine degli Avvocati. – IV. La pratica forense e l’esame. – V. Albo Avvocati: iscrizione, incompetibilità e cancellazione. – VI. Il Consiglio Nazionale Forense. – VII. La disciplina. – VIII. Tariffe forensi. – IX. Associazione professionale. – X. Formazione continua. – XI. Privacy – Tutela della riservatezza dei dati personali. – XII. Antiriciclaggio. – Parte Seconda: La deontologia. – Introduzione. La deontologia. – I. Principi generali. – II. Rapporti con i colleghi. – III. Rapporti con la parte assistita. – IV. Rapporti con la controparte, i magistrati e i terzi. – V. Norma finale.

venerdì 20 agosto 2010

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Causation and Counterfactuals
Edited by John Collins, Ned Hall and L. A. Paul





One philosophical approach to causation sees counterfactual dependence as the key to the explanation of causal facts: for example, events c (the cause) and e (the effect) both occur, but had c not occurred, e would not have occurred either. The counterfactual analysis of causation became a focus of philosophical debate after the 1973 publication of the late David Lewis's groundbreaking paper, "Causation," which argues against the previously accepted "regularity" analysis and in favor of what he called the "promising alternative" of the counterfactual analysis. Thirty years after Lewis's paper, this book brings together some of the most important recent work connecting—or, in some cases, disputing the connection between—counterfactuals and causation, including the complete version of Lewis's Whitehead lectures, "Causation as Influence," a major reworking of his original paper. Also included is a more recent essay by Lewis, "Void and Object," on causation by omission. Several of the essays first appeared in a special issue of the Journal of Philosophy, but most, including the unabridged version of "Causation as Influence," are published for the first time or in updated forms.
Other topics considered include the "trumping" of one event over another in determining causation; de facto dependence; challenges to the transitivity of causation; the possibility that entities other than events are the fundamental causal relata; the distinction between dependence and production in accounts of causation; the distinction between causation and causal explanation; the context-dependence of causation; probabilistic analyses of causation; and a singularist theory of causation.

giovedì 22 luglio 2010

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A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights
Mary Ann Glendon








In 1947, in a world recently ripped apart by the Holocaust, a devastating war and mass displacement, the very idea of a Universal Declaration of Human Rights seemed both impossible and supremely necessary. As the specter of the Cold War loomed, a U.N. delegation, chaired by Eleanor Roosevelt, began writing what would become the world's first standard statement of human rights. Glendon, a professor of law at Harvard University, has written a compelling, at times thrilling account of how Roosevelt and her cohorts argued and cajoled one another through a series of intellectual, political and moral positions, finally hammering out a statement that was acceptable across national, religious and philosophical lines. While Glendon successfully traces the evolution of the documentAwhich was ratified on December 10, 1948, after six drafts and much debate by the U.N. General AssemblyAshe also presents a richly textured portrait of a woman driven to public service while simultaneously grieving for her late husband. Roosevelt's politics were also at issue: at one point, she resigned from the U.N. over the U.S. government's initial disapproval of the creation of Israel. Glendon concludes with a legal analysis of the declaration and a lengthy discussion of its applicability today, when many non-Western nations (such as China) claim that the concept of "universal" human rights precepts precludes an acceptance of cultural differences. Glendon's work is a welcome addition to the realm of international law and to the growing body of literature on Eleanor Roosevelt's role in modern politics. Agents, Lynn Chu and Glen Hartley, Writer's Representatives.

lunedì 19 luglio 2010

Evento

.
20 luglio 2010
Facoltà di Giurisprudenza
Aula Chiazzese
Via Maqueda 172
Palermo

mercoledì 14 luglio 2010

Nuovo arrivo

Reclaiming Patriotism:
Nation-Building for Australian Progressives
Tim Soutphommasane

Anteprima del libro


Affronted by the xenophobic nationalists who stalked the land during the Howard years, many progressive Australians have rejected a love of country, forgetting that there is a patriotism of the liberal left that at different times has advanced liberty, egalitarianism, and democratic citizenship. Tim Soutphommasane, a first-generation Australian and political philosopher who has journeyed from Sydney's western suburbs to Oxford University, re-imagines patriotism as a generous sentiment of democratic renewal and national belonging. In accessible prose, he explains why our political leaders will need to draw upon the better angels of patriotism if they hope to inspire citizens for nation-building, and indeed persuade them to make sacrifices in the hard times ahead. As we debate the twenty-first century challenges of reconciliation and a republic, citizenship and climate change, Reclaiming Patriotism proposes a narrative we have to have.
Contents
Acknowledgements; Introduction; 1. The dog whistle excuse; 2. Liberal patriotism and an Australian tradition; 3. Citizenship and multiculturalism; 4. Australian progressives and nation-building; 5. Republican renewal; 6. Reclaiming patriotism; Notes; Index.

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Rethinking asylum: history, purpose, and limits
Matthew E. Price

Anteprima del libro



Each year, hundreds of thousands of people apply for asylum in Europe, North America, and Australia. Some fear political persecution and genocide; some are escaping civil war or environmental catastrophe; others flee poverty, crime, or domestic violence. Who should qualify for asylum? Traditionally, asylum has been reserved for the targets of government persecution, but many believe that its scope should be widened to protect others exposed to serious harm. Matthew Price argues for retaining asylum's focus on persecution - even as other types of refugee aid are expanded - and offers a framework for deciding what constitutes persecution. Asylum, he argues, not only protects refugees but also expresses political values by condemning states for mistreating those refugees. Price's argument explains not only why asylum remains politically relevant and valuable, but also why states should dismantle many of the barriers they have erected against asylum seekers over the last fifteen years.
• A provocative answer to the question of who should be eligible for asylum • Argues that asylum's value lies in expressing condemnation for serious human rights violations, and allows states to show their condemnation of other states • Will appeal to a diverse readership including political scientists, political philosophers and legal academics as well as lawyers practising in immigration/refugee law, human rights professionals and lay readers interested in refugees, immigration and human rights.

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The Morality of Freedom
Raz Joseph




This book explores, within a liberal framework, the nature, significance, and justification of political freedom or liberty. Against recent liberal positions, it is argued that political morality is neither rights-based, nor equality-based. What underlies rights, and the value of freedom, is a concern with autonomy. Autonomy requires, among other things, that individuals have an array of valuable options to choose from. The realm of values is marked by pluralism, incommensurability, and a dependence on social forms. Individualism is rejected and the importance of collective goods is given due emphasis. Though it is often assumed that liberal states must be committed to neutrality about valuable options, it is contended here that a concern with autonomy is perfectly consistent with perfectionism. The book also contains an extensive discussion of the connection between freedom and political authority.

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Overcoming Historical Injustices: Land Reconciliation in South Africa
James L. Gibson

Anteprima del lilbro


Overcoming Historical Injustices is the last entry in Gibson's 'overcoming trilogy' on South Africa's transformation from apartheid to democracy. Focusing on the issue of historical land dispossessions - the taking of African land under colonialism and apartheid - this book investigates the judgements South Africans make about the fairness of their country's past. Should, for instance, land seized under apartheid be returned today to its rightful owner? Gibson's research zeroes in on group identities and attachments as the thread that connects people to the past. Even when individuals have experienced no direct harm in the past, they care about the fairness of the treatment of their group to the extent that they identify with that group. Gibson's analysis shows that land issues in contemporary South Africa are salient, volatile, and enshrouded in symbols and, most important, that interracial differences in understandings of the past and preferences for the future are profound.
• Based on interview data from a large, nationally representative sample of South Africans conducted in seven South African languages • Applies sophisticated theories of group attachments and identities to the politics of land, considering the political implications of land ownership • Employs experiments embedded within a nationally representative survey, allowing causal inferences
Contents
1. Land reconciliation and theories of justice, past and present; 2. Naming, blaming, and claiming on historical land injustices: the views of the South African people; 3. Group identities and land policy preferences; 4. Applied justice judgments: the problem of squatting; 5. Judging the past: historical versus contemporary claims to land; 6. Land reconciliation and theories of justice; References; Appendix A. A note on race in South Africa; Appendix B. The survey methodology; Appendix C. The questionnaire.



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The Politics of Citizenship in Europe
Marc Morjé Howard
Georgetown University, Washington DC

Anteprima del libro



In this book, Marc Morjé Howard addresses immigrant integration, one of the most critical challenges facing European countries today, the resolution of which will in large part depend on how foreigners can become citizens. Howard’s research shows that despite remarkable convergence in their economic, judicial, and social policies, the countries of the European Union still maintain very different definitions of citizenship. Based on an innovative measure of national citizenship policies, the book accounts for both historical variation and contemporary change. Howard’s historical explanation highlights the legacies of colonialism and early democratization, which unintentionally created relatively inclusive citizenship regimes. The contemporary analysis explores why some of the more restrictive countries have liberalized in recent decades, whereas others have not. Howard’s argument focuses on the politics of citizenship, showing in particular how anti-immigrant public opinion – when activated politically, usually by far right movements or public referenda – can block the liberalizing tendencies of political elites. Overall, the book shows the far-reaching implications of this growing and volatile issue.

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International Refugee Law And Socio-Economic Rights: Refuge From Deprivation synopsis
Michelle Foster



A range of emerging refugee claims is beginning to challenge the boundaries of the Refugee Convention regime and question traditional distinctions between 'economic migrants' and 'political refugees'. This book identifies the conceptual and analytical challenges presented by claims based on socio-economic deprivation, and undertakes an assessment of the extent to which these challenges may be overcome by a creative interpretation of the Refugee Convention, consistent with correct principles of international treaty interpretation. The central argument is that, notwithstanding the dichotomy between 'economic migrants' and 'political refugees', the Refugee Convention is capable of accommodating a more complex analysis which recognizes that many claims based on socio-economic deprivation are indeed properly considered within the purview of the Refugee Convention. This, the first book to consider these issues, will be of great interest to refugee law scholars, advocates, decision-makers and non-governmental organizations

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The Cosmopolitan Imagination
The Renewal of Critical Social Theory
Gerard Delanty

University of Sussex


Anteprima del libro





Gerard Delanty provides a comprehensive assessment of the idea of cosmopolitanism in social and political thought which links cosmopolitan theory with critical social theory. He argues that cosmopolitanism has a critical dimension which offers a solution to one of the weaknesses in the critical theory tradition: failure to respond to the challenges of globalization and intercultural communication. Critical cosmopolitanism, he proposes, is an approach that is not only relevant to social scientific analysis but also normatively grounded in a critical attitude. Delanty's argument for a critical, sociologically oriented cosmopolitanism aims to avoid, on the one hand, purely normative conceptions of cosmopolitanism and, on the other, approaches that reduce cosmopolitanism to the empirical expression of diversity. He attempts to take cosmopolitan theory beyond the largely Western context with which it has generally been associated, claiming that cosmopolitan analysis must now take into account non-Western expressions of cosmopolitanism.

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Measuring Justice
Primary Goods and Capabilities
Harry Brighouse
University of Wisconsin, Madison
Ingrid Robeyns
Erasmus Universiteit Rotterdam

Anteprima del libro



This book brings together a team of leading theorists to address the question 'What is the right measure of justice?' Some contributors, following Amartya Sen and Martha Nussbaum, argue that we should focus on capabilities, or what people are able to do and to be. Others, following John Rawls, argue for focussing on social primary goods, the goods which society produces and which people can use. Still others see both views as incomplete and complementary to one another. Their essays evaluate the two approaches in the light of particular issues of social justice – education, health policy, disability, children, gender justice – and the volume concludes with an essay by Amartya Sen, who originated the capabilities approach.
• Introduces theoretical discussions which are accessible for non-specialists by incorporating debates about particular sectors of justice • Includes a contribution from Thomas Pogge which has previously been difficult for scholars to obtain • Introduction sets the terms of debate in historical context, providing a background for the reader.

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Contention and Corporate Social Responsibility
Sarah A. Soule
Stanford University, California

Anteprima del libro



This book examines anti-corporate activism in the United States, including analysis of anti-corporate challenges associated with social movements as diverse as the Civil Rights Movement and the Dolphin-safe Tuna Movement. Using a unique dataset of protest events in the United States, the book shows that anti-corporate activism is primarily about corporate policies, products, and negligence. Although activists have always been distrustful of corporations and sought to change them, until the 1970s and 1980s, this was primarily accomplished via seeking government regulation of corporations or via organized labor. Sarah A. Soule traces the shift brought about by deregulation and the decline in organized labor, which prompted activists to target corporations directly, often in combination with targeting the state. Using the literatures on contentious and private politics, which are both essential for understanding anti-corporate activism, the book provides a nuanced understanding of the changing focal points of activism directed at corporations.
• Historic view of anti-corporate activism that sheds light on contemporary trends • Bridging political science, sociology, and organizational studies with integrative literature reviews and synthetic theoretical treatment • Empirical analyses of the effect of activism on corporate financial performance and corporate social performance (e.g. policies)

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Civilising Globalisation
Human Rights and the Global Economy
David Kinley
University of Sydney


Anteprima del libro




Economic globalisation and universal human rights both have the aspiration and power to improve and enrich individuals and communities. However, their respective institutions, methods, practices and goals differ, leading to both detrimental clashes and beneficial synergies. David Kinley analyses how human rights intersect with the trade, aid and commercial dimensions of global economic relations, taking the view that, while the global economy is a vitally important civilising instrument, it itself requires civilising according to human rights standards. Combining meticulous research with highly informed views and experiences, he outlines the intellectual, policy and practical frameworks for ensuring that the global economy advances the ends of human rights, argues for better exploitation of the global economy's capacity to distribute as well as create wealth, and proposes mechanisms by which to minimise and manage the socially debilitating effects of its market failures and financial meltdowns.
• Blends the disciplines of economics, human rights, law and politics to produce a coherent thesis of what needs to be done to make sure that the global economy serves the interests of the many and not just the few • Provides readers with the philosophical tools, the facts and the figures to explain how economic aid can better protect the human rights of the poor • Explores the responsibilities of global economic actors to respect people's human rights, building a persuasive case for why and how these duties ought to be reconfigured and enforced • Draws on a wide range of illuminating cases, materials and arguments to demonstrate how, in the wake of a global financial crisis, human rights responsibilities can be met while simultaneously promoting global economic growth

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Indivisible Territory and the Politics of Legitimacy
Jerusalem and Northern Ireland
Stacie E. Goddard




In Jerusalem and Northern Ireland, territorial disputes have often seemed indivisible, unable to be solved through negotiation, and prone to violence and war. This book challenges the conventional wisdom that these conflicts were the inevitable result of clashing identities, religions, and attachments to the land. On the contrary, it was radical political rhetoric, and not ancient hatreds, that rendered these territories indivisible.
Stacie Goddard traces the roots of territorial indivisibility to politicians’ strategies for legitimating their claims to territory. When bargaining over territory, politicians utilize rhetoric to appeal to their domestic audiences and undercut the claims of their opponents. However, this strategy has unintended consequences; by resonating with some coalitions and appearing unacceptable to others, politicians’ rhetoric can lock them into positions in which they are unable to recognize the legitimacy of their opponent’s demands. As a result, politicians come to negotiations with incompatible claims, constructing territory as indivisible.

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Terrorism and Torture
An Interdisciplinary Perspective
Edited by:

Werner G. K. Stritzke
University of Western Australia, Perth
Stephan Lewandowsky
University of Western Australia, Perth
David Denemark
University of Western Australia, Perth
Joseph Clare
University of Western Australia, Perth
Frank Morgan
University of Western Australia, Perth




Terrorism and torture are twin evils that have dominated news headlines - particularly since the horrifying events of 9/11. In this thought-provoking volume, scholars from a diverse range of disciplines examine the complex motivational and situational factors contributing to terrorist acts and state-sponsored torture, and the potential linkage between those two heinous human behaviors. They also consider the strategies that might reduce the threat of future terrorist acts, and the perceived necessity to engage in morally reprehensible - and often illegal - torture practices. With its integrated synthesis of contemporary theories and research on the complex dynamics of the terrorism-torture link, this is an authoritative source for scholars and students of psychology, criminal justice, law, media, communication studies, and political science. It will also appeal to students of other disciplines with an interest in the study of terrorism and torture.
• Analyses the complex relations between terrorism and torture from different perspectives • Provides an overview of the links between key factors influencing terrorism and torture • An international collaboration between experts from the fields of criminal justice, law, crime prevention, psychology, media studies, and political science.

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Constituting Equality
Gender Equality and Comparative Constitutional Law
Edited by
Susan H. Williams

Anteprima del libro

Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality. Each section of the book examines a particular set of constitutional issues or doctrines across a range of different countries to explore what works, where, and why. Topics include (1) governmental structure (particularly electoral gender quotas); (2) rights provisions; (3) constitutional recognition for cultural or religious practices that discriminate against women; (4) domestic incorporation of international law; and (5) the role of women in the process of constitution-making. Interdisciplinary in orientation and global in scope, the book provides a menu for constitutional designers and others interested in how the fundamental legal order might more effectively promote gender equality.
• Design-oriented - addressed to the question of how to draft or revise a constitution to promote gender equality • Interdisciplinary - includes chapters by political scientists and public activists as well as law professors • Global - includes contributors from every continent except Antarctica