Springer Law as Passion: Systems Theory and Constitutional Theory in Peripheral Modernity

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. From the Back Cover 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. About the Author 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).