The purpose of this article is to emphasize the role and significance constitutional principle ofideological diversity political pluralism for maintaining democratic foundations nationalstatehood. authors show that existence or ideology possible only within frameworkof a constitutionally fixed legal ideology, essence which maintain balance values, interests society, state individual. paper esta...

This editorial signals the legal importance of cultural identity mainly with regard to objects. The issue “nationality” art objects is addressed in connection increasing claims for restitution artworks, without forgetting that pluralism also a concept frames persons themselves.

Abstract This paper considers the historical contexts in which theories of legal pluralism grew and developed between final third nineteenth century first half twentieth century. Theories state as a pluralistic system, opposed to absolute supremacy state-made law, were focus German scholarship late century, represented by towering figure Otto von Gierke. Gierke's image pluralist Middle Ages lar...

The recognition of legal pluralism by International Law on Human Rights, especially Convention 169 the ILO, as well its positivization in Constitutions some Latin American states, allows us to affirm that this principle must move from foundational phase consolidation. Through a qualitative and theoretical methodology analyzes state art proposed recognized authors subject, article aims describe ...

which Ronald Dworkin published three decades ago. Though that earlier volume bore a catchier title, Justice in Robes is otherwise similar in being a collection of very loosely related essays on sundry topics in legal, political, and moral philosophy. Both books display Dworkin’s truculent hostility toward legal positivism and his more polite opposition to value-pluralism (namely, the notion tha...

How does law affect the resilience of common-pool resources? To answer this question this paper adopts an institutionalist perspective on law, arguing that this shares many similarities with the approach of some legal pluralist scholars, i.e., the recognition that a social-ecological system is influenced by a plurality of legal orders having—to borrow Santos terminology—porous qualities. Studyi...

asking about the place of religion in a democratic society refers straightforwardly to the kind of pluralism we adopt. given that intra-societal tensions mark out a democratic pluralistic society, then it seems that there is no doubt that there should be a place for religion and religious people in it. what is crucial for a democratic society is taking a suitable view on pluralism. there could ...