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The Role of Fraternity in Law: A Comparative Legal Approach

The Role of Fraternity in Law: A Comparative Legal Approach

Author: Adriana Cosseddu
Publisher: Routledge
ISBN: 9781032063898
Published In: December 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

Preface by Fausto Goria

Introduction1. The Principle of Fraternité: From the French Constitutions of the Revolutionary Period to the Constitution of the Fifth Republic

Fernanda Bruno

2. Rethinking Legality in Contemporary Legal “Space”: A “Bridge” between Theory and Practice

Adriana Cosseddu

3. Fraternity and Common Law: Liability for “Failure to Provide Aid”

Sergio Barbaro

4. From the Liberal State to the Fraternal State: Fraternity as a legal category and the contribution of Brazil’s 1988 Constitution

Carlos Augusto Alcântara Machado

5. The Creation of the Fraternity Paradigm in the Brazilian Legal System: A few comments

Josiane Rose Petry Veronese

6. Fraternity as Value-Guarantor of Sustainability: A dialogue between legal protection and the inclusion of the “other”