Constructing the Person in EU Law

Author: Loïc Azoulai
Publisher: Bloomsbury Publishing
ISBN: 1782259341
Format: PDF, ePub, Docs
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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
Publisher: Oxford University Press
ISBN: 0192551752
Format: PDF, Docs
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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.

Identity and Migration in Europe Multidisciplinary Perspectives

Author: MariaCaterina La Barbera
Publisher: Springer
ISBN: 3319101277
Format: PDF, ePub, Docs
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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
Publisher: Springer Science & Business Media
ISBN: 9781402069147
Format: PDF, Kindle
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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.

Constitutionalization of European Private Law

Author: Hans Micklitz
Publisher: OUP Oxford
ISBN: 0191020087
Format: PDF
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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.

History of European Drama and Theatre

Author: Erika Fischer-Lichte
Publisher: Routledge
ISBN: 1134678614
Format: PDF, Mobi
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This major study reconstructs the vast history of European drama from Greek tragedy through to twentieth-century theatre, focusing on the subject of identity. Throughout history, drama has performed and represented political, religious, national, ethnic, class-related, gendered, and individual concepts of identity. Erika Fischer-Lichte's topics include: * ancient Greek theatre * Shakespeare and Elizabethan theatre by Corneilli, Racine, Molière * the Italian commedia dell'arte and its transformations into eighteenth-century drama * the German Enlightenment - Lessing, Schiller, Goethe, and Lenz * romanticism by Kleist, Byron, Shelley, Hugo, de Vigny, Musset, Büchner, and Nestroy * the turn of the century - Ibsen, Strindberg, Chekhov, Stanislavski * the twentieth century - Craig, Meyerhold, Artaud, O'Neill, Pirandello, Brecht, Beckett, Müller. Anyone interested in theatre throughout history and today will find this an invaluable source of information.

National Identity in EU Law

Author: Elke Cloots
Publisher: OUP Oxford
ISBN: 0191053503
Format: PDF, ePub
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Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.

A Nation by Rights

Author: Carl Franklin Stychin
Publisher: Temple University Press
ISBN: 9781566396240
Format: PDF, Docs
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The dynamics of identity politics frequently have been studied from the perspective of 'outsider' groups, those outside the bounds of the imagined community. But how does this dynamic play out in the construction of the 'national imaginary'? This book helps reformulate how we use rights - to what end and through what means.

Human Rights and European Law

Author: Mary Arden
Publisher: Oxford University Press, USA
ISBN: 0198728573
Format: PDF, ePub, Mobi
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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.