| Preface |
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11 | (4) |
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| Introduction |
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15 | (12) |
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I The Principle of Fraternite: From the French Constitutions of the Revolutionary Period to the Constitution of the Fifth Republic |
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27 | (22) |
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27 | (3) |
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1.2 Historical excursus on the French Constitutions of the revolutionary period |
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30 | (4) |
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1.3 The French Constitutions of the second post-war period |
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34 | (2) |
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1.4 The debate on the legal nature of the Preamble |
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36 | (6) |
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1.5 Fraternite and constitutional jurisprudence |
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42 | (2) |
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1.6 Concluding considerations |
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44 | (5) |
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II Rethinking Legality in Contemporary Legal "Space": A "Bridge" between Theory and Practice |
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49 | (82) |
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2.1 Challenges and complexities of today's law: The scope of the research |
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50 | (11) |
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2.2 A key to interpretation and a "privileged" observatory towards a "relational" paradigm from the Italian Constitution |
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61 | (10) |
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2.3 Relationships and genesis of the offense: Criminal law perspectives |
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71 | (12) |
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2.4 Legality as a principle and as a "value": A constitutional reading "beyond" the crisis |
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83 | (20) |
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2.4.1 Principles in criminal law |
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84 | (7) |
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2.4.2 Phenomena of criminality |
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91 | (6) |
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2.4.3 A constitutional perspective |
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97 | (6) |
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2.5 Towards a culture of legality: Needs for safeguards and scope of prevention |
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103 | (5) |
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2.6 Models of responsibility and the "network" of relationships: The emblematic case of economic activities |
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108 | (5) |
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2.7 Towards the "roots" of legality: New pathways and "spaces" of fraternity |
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113 | (18) |
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III Fraternity and Common Law: Liability for "Failure to Provide Aid" |
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131 | (26) |
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3.1 How does the principle of fraternity fit into Common Law? Solidarity, brotherhood and fraternity in the Anglo-American legal debate |
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132 | (3) |
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3.2 Fraternity and legal duty to provide aid in Common Law |
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135 | (14) |
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3.2.1 "The Neighbour Principle" and the duty to aid in English law |
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136 | (4) |
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3.2.2 The "Good Samaritan Statutes" in the U.S.A. |
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140 | (5) |
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3.2.3 The debate and the proposals of de iure condendo |
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145 | (4) |
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3.3 The Canadian model: Tradition and evolution, the example of Quebec |
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149 | (5) |
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3.3.1 Canadian case law on the duty of care and omission to provide aid |
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149 | (3) |
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3.3.2 Quebec: An isolated case of "codification" of fraternity? |
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152 | (2) |
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3.4 Fraternity and law: A feasible combination? |
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154 | (3) |
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IV From the Liberal State to the Fraternal State: Fraternity as a legal category and the contribution of Brazil's 1988 Constitution |
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157 | (20) |
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Carlos Augusto Alcantara Machado |
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4.1 Preliminary approach and research context |
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158 | (2) |
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4.2 Freedom, Equality and Fraternity: Evolution and consolidation of the Fundamental Human Rights |
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160 | (11) |
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160 | (2) |
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162 | (1) |
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4.2.3 Fraternity Rights: The advent of Fraternal Constitutionalism |
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163 | (8) |
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4.3 Dignity of the human person as the foundation of Fraternal Constitutionalism |
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171 | (4) |
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4.4 From the Liberal State to the Fraternal State |
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175 | (2) |
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V The Creation of the Fraternity Paradigm in the Brazilian Legal System: A few comments |
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177 | (16) |
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Josiane Rose Petty Veronese |
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178 | (3) |
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5.2 Rights and guarantees: The consolidation of democracy |
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181 | (1) |
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5.3 The Brazilian constitutional model and fraternity |
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182 | (4) |
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5.4 The Law and Fraternity Research Nucleus at the Federal University of Santa Catarina: The role of scholars |
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186 | (1) |
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5.5 Fraternity as a legal category |
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187 | (6) |
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VI Fraternity as Value-Guarantor of Sustainability: A dialogue between legal protection and the inclusion of the "other" |
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193 | (22) |
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Olga Maria Boschi Aguiar De Oliveira |
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194 | (2) |
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6.2 Fraternity: From oblivion to the consolidation of the Democratic State of Law in Postmodernity |
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196 | (2) |
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6.3 Fraternity and the misconception of its oblivion after the French Revolution |
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198 | (4) |
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6.4 Fraternity and its necessary rescue in Postmodernity |
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202 | (4) |
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6.5 Sustainability beyond the economic focus |
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206 | (5) |
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6.6 Fraternity as "value-guarantor" of Sustainability |
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211 | (2) |
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213 | (2) |
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VII Fraternity and Relationships in the Law of the International Community |
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215 | (22) |
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215 | (3) |
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7.2 An immediate observation: Fraternity and Human Rights |
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218 | (6) |
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7.3 Fraternity as a relational dimension in the International Community |
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224 | (9) |
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7.3.1 Fraternity and conflicts |
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228 | (2) |
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7.3.2 Fraternity as an expression of the global dimension |
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230 | (3) |
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7.4 Conclusions: Fraternity and the developments of international law |
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233 | (4) |
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VIII The Rationale for Relational Justice (and understanding the principle of Fraternity) |
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237 | (22) |
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8.1 Beyond one-dimensional Law: The context of relational justice |
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237 | (6) |
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8.2 Reciprocity as the central dimension, and sociality as the context |
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243 | (8) |
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8.3 The relational principle of fraternity as the key to relational justice |
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251 | (8) |
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IX The Relational Justice of Contract |
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259 | (22) |
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259 | (4) |
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9.2 The failure of "classical" contract law |
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263 | (4) |
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9.3 The relational approach to contract |
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267 | (4) |
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9.4 The relational approach to justice |
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271 | (2) |
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9.5 Towards a new (?) paradigm of contractual justice |
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273 | (8) |
| Index |
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281 | |
