In this Book
- Law and Diversity: European and Latin American Experiences from a Legal Historical Perspective: Vol. 1: Fundamental Questions
- Book
- 2024
- Published by: Max Planck Institute for Legal History and Legal Theory
- Series: Global Perspectives on Legal History
-
This work is licensed under a Creative Commons Attribution 4.0 International License.
summary
Our modern legal system is based on the principle of equality. But is equality perhaps not also a concept that inadequately describes the complexity of normative orders? Highly differentiated societies with a multitude of collective identities and functional rationalities are in a permanent state of tension with this legal postulate. The contributions to this volume examine how this tension has developed in Europe and Latin America over the last 200 years.
Table of Contents
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- Introduction
- pp. 1-36
- First Part. Thinking on Diversity and Law
- Section I. National Traditions of Social Theoretical Contouring of Social Differences
- Section II. Traditions of Pluralistic Legal Thinking
- Second Part. Tendencies
- Section I. Diversity and Nation-building
- Section II. Legal Lines of Development of Discrimination and Anti-Discrimination
- Section III. Anthropological Approaches
- Third Part. Legal Frameworks
- Section I. The Constitutional Embedding of Differences
- Section II. System and Codification - Exclusion or Inclusion of Special Law?
- Section III. Autonomy
- Section IV. Legal Person and Legal Personality
- Section V. Linguistic Diversity and the Language of Law
- Conclusion
- Contributors
- pp. 757-760
- Advertisment
- pp. 761-764
Additional Information
ISBN
9783944773414
Related ISBN(s)
9783944773407
MARC Record
OCLC
1428701948
Pages
778
Launched on MUSE
2024-04-06
Language
English
Open Access
Yes
Creative Commons
CC-BY