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The Existential Subject Of Rights And Private Law: The Example Of The Indian Issue In Brazil, Jose Carlos Moreira Da Silva Filho

Nevada Law Journal

The issue of the juridical subject has been a topic of discussion as part of the rethinking of the classical jurisprudential concepts in Brazil. In particular, some authors have written about the “repersonalization of private law.” This has opened a promising path of inquiry regarding the legal subject for at least four major reasons. First, continental private law is the classical field to discuss the subject of rights. Second, the focus of private law remains the concept of the person, opening an important space to recover the moral philosophy in law. Third, the repersonalization of private law demonstrates the necessity …

Constitution, Human Rights And Republic: A Necessary Dialogue Between Gadamer's Philosophical Hermeneutics And Boaventura De Sousa Santos's Diatopic Heremeneutics, Jania Maria Lopes Saldanha, Jose Luis Bolzan De Morais

Nevada Law Journal

When we think about the concept of human rights—including all the possible ways of its realization, and considering the complementarities and also the unity of different dimensions of the concept—we confront several difficult questions. In particular, in an age when constitutions and constitutional doctrine have already incorporated a substantive body of human rights law, we must address how some of the constitutional promises regarding individual rights have not been fulfilled. Additionally, we must consider how rights that foster solidarity in the economic, social, and cultural spheres have not been recognized.

This article operates on two levels. On one level, we …

The Right To The City, Ngai Pindell

Scholarly Works

The identity and character of cities in America have been profoundly influenced by race. In the past, laws mandating the segregation of African American and white urban residents through racially discriminatory housing and lending policies created racial geographic boundaries within cities and between cities and suburbs. The impact of this racial segregation in cities can be seen in the creation and persistence of an urban African American underclass in some cities as well as many urban neighborhoods marked by racial homogeneity and economic underinvestment.

The racial climate in the United States in more recent years has been decidedly different. Overt …

Finding A Right To The City: Exploring Property And Community In Brazil And In The United States, Ngai Pindell

Scholarly Works

Increasing poor people's access to property and shelter in urban settings raises difficult questions over how to define property and, likewise, how to communicate who is entitled to legal property protections. An international movement - the right to the city - suggests one approach to resolving these questions. This Article primarily explores two principles of the right to the city - the social function of property and the social function of the city - to consider how to better achieve social and economic justice for poor people in urban areas. Using Brazil as one example of a country incorporating these …