The Liberating Philosophy of Ignacio Ellacuría

The Liberating Philosophy of Ignacio Ellacuría
Author: Luis Arturo Martínez Vásquez
Publisher: Lexington Books
Total Pages: 307
Release: 2024-01-16
Genre: Philosophy
ISBN: 1666925624

The Liberating Philosophy of Ignacio Ellacuría: Historical Reality, Humanism, and Praxis is the first systematic work on the philosophy of Ignacio Ellacuría to be published in English so far. The Spaniard-Salvadorian philosopher—murdered in Salvador in 1989 by the military—maintains that philosophy is a permanent task grounded in metaphysics as first philosophy, as developed within a historical reality and a preferential option for the poor. As explored by this collection edited by Luis Arturo Martínez Vásquez, Randall Carrera Umaña, and Luis Rubén Díaz Cepeda, Ellacuría's theory is a critical and practical proposal immersed in the colonial history of Central America, but its explanatory and normative power extends to oppressed people all around the world. The contributors to this volume, coming from Spain, Mexico, Argentina, Salvador, and Costa Rica, analyze Ellacuría's philosophy of liberation in conjunction with radical realism and strength, describing it as "a philosophy created by people concerned with the problems and history of our land—such as our colonial past, systemic poverty and dependency—and… responding to these concerns can offer alternatives for a true liberation of all the dominated peoples of the world."

Constitutional Reasoning in Latin America and the Caribbean

Constitutional Reasoning in Latin America and the Caribbean
Author: Johanna Fröhlich
Publisher: Bloomsbury Publishing
Total Pages: 615
Release: 2024-09-05
Genre: Law
ISBN: 150996018X

This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.

Rule of Law and the Challenges Posed by the Pandemic

Rule of Law and the Challenges Posed by the Pandemic
Author: Rainer Arnold
Publisher: Springer Nature
Total Pages: 266
Release: 2023-11-22
Genre: Law
ISBN: 3031398041

The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.

Enforcing Privacy

Enforcing Privacy
Author: David Wright
Publisher: Springer
Total Pages: 503
Release: 2016-04-19
Genre: Law
ISBN: 3319250477

This book is about enforcing privacy and data protection. It demonstrates different approaches – regulatory, legal and technological – to enforcing privacy. If regulators do not enforce laws or regulations or codes or do not have the resources, political support or wherewithal to enforce them, they effectively eviscerate and make meaningless such laws or regulations or codes, no matter how laudable or well-intentioned. In some cases, however, the mere existence of such laws or regulations, combined with a credible threat to invoke them, is sufficient for regulatory purposes. But the threat has to be credible. As some of the authors in this book make clear – it is a theme that runs throughout this book – “carrots” and “soft law” need to be backed up by “sticks” and “hard law”. The authors of this book view privacy enforcement as an activity that goes beyond regulatory enforcement, however. In some sense, enforcing privacy is a task that befalls to all of us. Privacy advocates and members of the public can play an important role in combatting the continuing intrusions upon privacy by governments, intelligence agencies and big companies. Contributors to this book - including regulators, privacy advocates, academics, SMEs, a Member of the European Parliament, lawyers and a technology researcher – share their views in the one and only book on Enforcing Privacy.

Introduction to Côte d'Ivoire

Introduction to Côte d'Ivoire
Author: Gilad James, PhD
Publisher: Gilad James Mystery School
Total Pages: 107
Release:
Genre:
ISBN: 9632965477

Côte d'Ivoire, or the Ivory Coast, is a country located in West Africa that borders the Gulf of Guinea. It is known for being the world's largest producer of cocoa beans, as well as for its vibrant cultural heritage. The country is home to over 25 million people, with the majority of the population being of African descent. The official language of Côte d'Ivoire is French, although local languages such as Baoulé, Dioula, and Anyin are also spoken. Côte d'Ivoire has a rich history that dates back to pre-colonial times. The country was first colonized by the French in the late 19th century and gained independence in 1960. Since then, it has experienced periods of political instability, including a civil war that lasted from 2002 to 2011. Despite these challenges, Côte d'Ivoire has continued to develop its economy, which is largely driven by agriculture, including the production of coffee, cocoa, and palm oil. The country has also made progress in areas such as education and healthcare, although poverty and inequality persist in many parts of the country.

The Making of Dignity and Human Rights in the Western Tradition

The Making of Dignity and Human Rights in the Western Tradition
Author: Aniceto Masferrer
Publisher: Springer Nature
Total Pages: 199
Release: 2024-01-23
Genre: Law
ISBN: 3031466675

The book describes in a retrospective way how dignity and human rights evolved. In doing so, the book is divided in three parts: human rights from present to early modern age, human dignity from present to Early modern age and dignity and human rights from present to future. The book has been written in a way that might me appealing to graduate students, postgraduate students, researchers and even laymen who are interested in the making of dignity and human rights in the Western.

Teoría del Estado

Teoría del Estado
Author: Teresa M.G. Da Cunha Lopes
Publisher: Lulu.com
Total Pages: 234
Release: 2011-06-29
Genre: Law
ISBN: 0557307007

El objeto central de la Teoría del Estado es el conjunto de organizaciones formales, normas y procedimientos a través de los cuales se canaliza y manifiesta el poder público. Por lo tanto, el núcleo sobre el que se vertebra el estudio del Estado son las instituciones del sistema político, lo que induce al análisis de las relaciones entre éstas y los particulares, así como las relaciones entre el poder ejecutivo, legislativo y judicial. Son también objeto de la Teoría del Estado la organización territorial del poder, la Administración Pública en sus diferentes niveles, la constitución y el Derecho Público en general. Por último, para el conocimiento del sistema político es esencial el estudio de los factores dinámicos, como son los partidos políticos y los procesos electorales.

Principled Labor Law

Principled Labor Law
Author: Sergio Gamonal C.
Publisher: Oxford University Press
Total Pages: 201
Release: 2019-04-29
Genre: Law
ISBN: 0190052678

The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.

The Latin American Casebook

The Latin American Casebook
Author: Juan F. Gonzalez-Bertomeu
Publisher: Routledge
Total Pages: 412
Release: 2016-04-20
Genre: Law
ISBN: 1317026195

Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.