Full Description
This collection discusses the concept of fraternity and examines the issue of its role in law.
Since the end of World War II, fraternity has been cited in several national constitutional charters, in addition to the United Nations Universal Declaration of Human Rights. But is there space for fraternity in law? The contributions to this book form an ideal "bridge" between the past and present to trace the different pathways taken to address the meaning of fraternity, and to identify its possible legal relevance. The book lays out paths that have placed fraternity in varied and challenging legal contexts in an age of globalization and conflict, where the multiplicity of national and supranational sources of law seems to show its inadequacy to govern complexity, and coexistence between diversities that appear irreconcilable. The purpose is not to recover fraternity as a forgotten principle, but to reimagine it today to address the aim and force of law within a plurality of cultures. The analysis considers a possible universal dimension that models unity within diversity, and aspires to serve as a prologue to a transition from research to dialogue between different legal systems and traditions.
The book will be of interest to academics and researchers working in the areas of Comparative Law, Legal History and Legal Philosophy.
Contents
Preface by Fausto Goria
Introduction
1. The Principle of Fraternité: From the French Constitutions of the Revolutionary Period to the Constitution of the Fifth Republic
2. Rethinking Legality in Contemporary Legal "Space": A "Bridge" between Theory and Practice
3. Fraternity and Common Law: Liability for "Failure to Provide Aid"
4. From the Liberal State to the Fraternal State: Fraternity as a legal category and the contribution of Brazil's 1988 Constitution
5. The Creation of the Fraternity Paradigm in the Brazilian Legal System: A few comments
6. Fraternity as Value-Guarantor of Sustainability: A dialogue between legal protection and the inclusion of the "other"
7. Fraternity and Relationships in the Law of the International Community
8. The Rationale for Relational Justice (and understanding the principle of Fraternity)
9. The Relational Justice of Contract
