scholarly journals Opportunity and impasse: social change and the limits of international legal strategy

2020 ◽  
pp. 1-32
Author(s):  
Lee McConnell
Keyword(s):  
Social Change ◽  
Civil Society ◽  
International Law ◽  
Social Order ◽  
Diverse Range ◽  
Transformative Potential ◽  
Theodor Adorno ◽  
Structural Connections ◽  
Legal Strategies ◽  
Identity Thinking

Abstract A diverse range of actors, from practitioners and academics to civil society groups and activists, appear to see hope in international law for the advancement of their causes. This paper examines whether this optimism is well-founded. It explores whether international law can serve as an agent of social change, and whether it can accommodate radical changes in social order. It begins by exposing a formalist stance that is immanent to much ‘legal activist’ discourse. It then explores links between this mode of jurisprudential thought and idealist epistemology. Drawing from the philosophy of Theodor Adorno, and in particular his notion of ‘identity-thinking’, it uncovers structural connections between formalism, idealism, law, and economy that call into question international law's socially-transformative potential. The perspective advanced in this paper falls somewhere between the polarities of opportunity and impasse, seeking to acknowledge the importance of legal strategies in safeguarding the disenfranchised, while remaining alive to their potential dangers and limitations.

scholarly journals Civil society and social order: demarcating and combining market, state and community

2000 ◽  
Vol 41 (1) ◽  
pp. 71-94 ◽  
Author(s):  
Claus Offe
Keyword(s):  
Social Change ◽  
Civil Society ◽  
Social Order ◽  
The State ◽  
Market State ◽  
Economic Globalisation

Social change is currently occurring in three directions: political democratisation, economic globalisation, and the spread of postmodern culture. The consequent problems cannot be treated by any of the three known methods of macrosocial regulation: the state, the market, the community. ‘Civil society’ has been assigned the role of synthetic and pluralistic rationalisation.

Diversity and Integration in Private International Law

2019 ◽  
Keyword(s):  
South America ◽  
International Law ◽  
Value Systems ◽  
Private International Law ◽  
Diverse Range ◽  
Cross Border ◽  
Wide Range ◽  
Depth Analysis ◽  
And Shifts ◽  
Substantive Law

This book opens a cross-regional dialogue and shifts the Eurocentric discussion on diversity and integration to a more inclusive engagement with South America in private international law issues. It promotes a contemporary vision of private international law as a discipline enabling legal interconnectivity, with the potential to transcend its disciplinary boundaries to further promote the reality of cross-border integration, with its focus on the ever-increasing cross-border mobility of individuals. Private international law embraces legal diversity and pluralism. Different legal traditions continue to meet, interact and integrate in different forms, at the national, regional and international levels. Different systems of substantive law couple with divergent systems of private international law (designed to accommodate the former in cross-border situations). This complex legal landscape impacts individuals and families in cross-border scenarios, and international commerce broadly conceived. Private international law methodologies and techniques offer means for the coordination of this constellation of legal orders and value systems in cross-border situations. Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions in Europe and South America, this edited collection focuses on the connective capabilities of private international law in bridging and balancing legal diversity as a corollary for the development of integration. The book provides in-depth analysis of the role of private international law in dealing with legal diversity across a diverse range of topics and jurisdictions.

In Lieu of a Conclusion

2018 ◽  
Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah
Keyword(s):  
Human Rights ◽  
International Law ◽  
Global Economy ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Current State ◽  
Neoliberal Capitalism ◽  
Transformative Potential ◽  
International Economic Law ◽  
Human Rights Norms

This chapter recaps the main themes of the volume, ie that the international law of the global economy is in a state of disorder. Claims about the justice, fairness, or benefits of the current state of international law as it relates to the global economy are fanciful. A more credible picture emerges when one considers who is protected, against what, and those relations that are valued and those that are not. Moreover, these claims above all require a suspension of a reflective attitude about what international law actually says and does. When it comes to international economic law, power is masked behind a veil of neutrality when it certainly is not neutral in the interests it protects and offends. As for international human rights law, it overlooks the ways in which it props up extreme capitalism foreclosing the possibility of transformative structural change to neoliberal capitalism. In its most radical areas, human rights norms have been blocked from making demands on the design of the global economy precisely because of their transformative potential. Among the central critiques of international law presented in this book is that international law must be justifiable to those who are subject to it.

What's Left of the Law of Integration?

2018 ◽  
Author(s):  
Julio Baquero Cruz
Keyword(s):  
International Law ◽  
Fundamental Rights ◽  
Structural Elements ◽  
The European Union ◽  
Difficult Situation ◽  
Court Of Justice ◽  
Structural Connections ◽  
The Law ◽  
Constitutional Pluralism ◽  
The Impact

This book discusses the impact of the difficult situation the European Union is currently going through on some structural elements of its legal order, looking for symptoms of decay, exploring examples of resistance, and assessing its overall state of health. The original choices made by the drafters of the Treaties and by the Court of Justice are put in their proper historical perspective, understanding Union law as a tool of civilization, and explaining its current problems, at least in part, as a consequence of the waning of the initial impetus behind integration. The concrete themes to be explored are the following: primacy, the national resistance to it and constitutional pluralism; the preliminary rulings procedure; Union citizenship, equality, and human dignity; the scope of the Charter and the standard of protection of fundamental rights; and the rigidity and fragmentation of the Union system in connection with the recent occasional use of international law as an alternative to Union law. The book looks at the development of the law throughout the decades, inevitably losing much detail, but hopefully also uncovering structural connections and continuities.

Juvenile Justice

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
Juvenile Justice ◽  
United Nations ◽  
International Law ◽  
Law Reform ◽  
Child Victims ◽  
Present Stage ◽  
Alternative Care ◽  
Need Of Care ◽  
History Of

This chapter deals with those children in especially difficult circumstances that are vulnerable, marginalized, destitute, and neglected and deprived of their basic rights. It commences with a history of the Juvenile Justice legislation in India right from the Children’s Act of 1960s to the current Juvenile Justice (Care and Protection of Children) Act, 2015. The barriers faced in the administration and implementation of the Juvenile Justice legislation throughout its evolution to its present stage is discussed in detail. How the law deals with children in need of care and protection and children in conflict with law are discussed in this chapter. Landmark judgements by courts and suggestions for further law reform are included. This chapter also contains international law relating to administration of juvenile justice, and United Nations guidelines in matters in matters involving child victims and witnesses of crime including UN Guidelines on Alternative Care of Children. Some civil society interventions are also included.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

scholarly journals The Impact of Neoliberalism on Civil Society and Nonprofit Advocacy

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Jennifer Alexander ◽  
Kandyce Fernandez
Keyword(s):  
Social Change ◽  
Civil Society ◽  
Representative Democracy ◽  
Pivotal Role ◽  
Political Advocacy ◽  
Critical Inquiry ◽  
The Impact ◽  
Civic Space ◽  
The U.S ◽  
Nonprofit Advocacy

AbstractThe following manuscript employs critical inquiry to analyze the effects of neoliberalism on nonprofits in the U.S. and their capacity to engage in political advocacy and the production of meaning, a pivotal role for civil society institutions. Three false narratives of how nonprofits support democracy are presented followed by a discussion of how neoliberalism and the economization of the sector has delimited their capacity to fulfill their roles of engaging in emancipatory projects or social change. The manuscript concludes with a discussion of how nonprofits can reclaim civic space and empower citizens in a representative democracy.

The UK Gypsy, Traveller and Roma third sector: a Gypsy industry or route to empowerment?

2017 ◽  
Author(s):  
Andrew Ryder
Keyword(s):  
Civil Society ◽  
Community Development ◽  
Third Sector ◽  
Transformative Potential ◽  
Asset Based Community Development ◽  
The Uk

The chapter analyses the historical and contemporary condition of the Gypsy, Traveller and Roma (GTR) civil society movement, its strengths, achievements, threats and pitfalls and the motivation, dynamism and tensions within its varied manifestations. It explores the struggles against assimilatory and discriminatory policy, the interplay between community bonds and diverse aspects of identity and analyses the transformative potential of inclusive, grassroots and asset based community development, which draws upon the strengths of identity and culture but fuses these with perceptions and strategies which are emancipatory and inclusive.

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