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Law as Passion

Systems Theory and Constitutional Theory in Peripheral Modernity

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  • © 2021

Overview

  • Provides an important discussion concerning constitutional democracy in peripheral modernity
  • Presents a unique and timely perspective on the issue of constitutionalism in the Global South
  • Offers an important contribution to SDG 16

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Table of contents (11 chapters)

  1. Law, State and Global Crisis

Keywords

About this book

Inspired by the works of Professor Marcelo Neves, in this book colleagues come together to explore how their research has been influenced by non-European and post-colonial approaches. With a foreword by Karl-Heinz Ladeur, it features essays written by leading scholars in the fields of sociology of law and constitutional theory – including Hauke Brunkhorst, Darío Rodrígues, Kimmo Nuotio and Pablo Holmes.


The content is divided into four sections, the first of which, “Law, State, and Global Crisis,” covers topics related to the modern constitutional state, the crisis of global capitalism, and the global rule of law. The second, “Symbolic Constitutionalization,” analyzes challenges to constitutionalism in the “Peripheral Modernity.” The authors in the third section examine how the concept of “Transconstitutionalism” can shed new light on contemporary debates concerning global public law. In turn, the last section of the book, “Systems Theory and Public Law,” addresses systems theory issues in the fields of legal history and administrative law.


The book presents a relevant and original discussion encompassing such diverse fields as constitutional theory, international law, systems theory, and sociology of constitutions.

Editors and Affiliations

  • Faculty of Law, Lisbon University, Lisbon, Portugal

    Miguel Nogueira de Brito

  • Faculty of Law, Federal University of Pernambuco, Recife, Brazil

    Carina Calabria

  • Brazilian Superior Labor Court, Brasília, Brazil

    Fábio Portela L. Almeida

About the editors

Carina Calabria is Visiting Professor at the University Federal of Pernambucos’ School of Law. She holds a PhD (University of Manchester, UK) and a LLM (University of Brasilia, Brazil). She is a former researcher of the Project “A Sociology of the Transnational Constitution”, funded with a Research Grant by the European Research Council, and was a Visiting Professional of the Inter-American Court of Human Rights (2015).



Miguel Nogueira de Brito is Associate Professor at the University of Lisbon’s School of Law and senior researcher at CIDP—Lisbon Centre of Research in Public Law where he coordinates the area of Constitutional Law. His publications include A Justificação da Propriedade Privada numa Democracia Constitucional (Coimbra, 2007) e As Andanças de Cândido (Lisboa, 2011), as well as multiple articles on constitutional law and theory.



Fábio Portela L. Almeida is Clerk at the Brazilian Superior Labour Court. He holds a Doctor of Law Degree, a LLM and a MPhil (University of Brasilia, Brazil). He conducted research as a Visiting Researcher at Harvard Law School (2013/2014) and postdoctoral research as a Visiting Scholar at Europa-Universität Flensburg (2019).



Bibliographic Information

  • Book Title: Law as Passion

  • Book Subtitle: Systems Theory and Constitutional Theory in Peripheral Modernity

  • Editors: Miguel Nogueira de Brito, Carina Calabria, Fábio Portela L. Almeida

  • DOI: https://doi.org/10.1007/978-3-030-63501-5

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021

  • Hardcover ISBN: 978-3-030-63500-8Published: 02 March 2021

  • Softcover ISBN: 978-3-030-63503-9Published: 03 March 2022

  • eBook ISBN: 978-3-030-63501-5Published: 01 March 2021

  • Edition Number: 1

  • Number of Pages: XVI, 251

  • Number of Illustrations: 1 b/w illustrations

  • Topics: Theories of Law, Philosophy of Law, Legal History, Constitutional Law, Human Rights

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