From the Charter of Fundamental Rights to the Crisis, the State of the Art
As Europe struggles with the most profound economic and social crises in recent history, what happens to the promises of freedom, democracy, equality and respect for the inviolable and inalienable rights of the human person proclaimed in the Preamble of the Treaty on European Union? How does the European Union intend to demonstrate its commitment to fundamental social rights at a time of widespread deregulation and an increasingly precarious labour market? How can we further enhance the democratic and efficient functioning of European institutions when there is a growing distance between citizens and political elites?
This publication is based on papers given at the international conference «Citizenship and Solidarity in the European Union – from the Charter of Fundamental Rights to the Crisis: The State of the Art», which took place in the School of Law at the University of Minho, Portugal, in May 2012. The line-up of contributors includes scholars from southern and northern Europe and Brazil, and together the papers constitute a lively and productive debate about the future of Europe.
On Legal Auto-Immunity. Fostering the Combination of Systemic and Deconstrutive Critical Approaches to Hostile Diversity in Contemporary World Society (Willis Guerra)
← 444 | 445 →On Legal Auto-Immunity
The process of globalization leads us to figure the whole world as a society, the “world society”.1 In the world society in which we live in, with its hyper complexity and multicentrality, as it is described by autopoietical systems social theory, we will find an increasing diversity of cultures converging in a way that has no parallel in previous times. The following is a proposal to first consider such an state-of-affairs observing it through the point of view of the present state of differentiation of systems in the multicultural society that is in the making nowadays worldwide, and secondly to stimulate the development of an appraisal following what we may call a critical deconstructive approach.
The theory of autopoietic social systems considers the global or world society as one and the same system of communication, which entails other partial systems with its specific types of communications. It develops a conceptual framework to be applied to the study of societies that attained a particular historical condition, to which belongs firstly, the democratic feature of political institutions and the capitalistic domain of economic values in those societies. Considering it as a system, we will have also on this system a “core” (or “center”) and a “periphery”. “Central” would be the (participative) democratic and advanced capitalistic parts of the world society, while the others would remain “peripheral” until the accomplishment of their integration in the “economic world society” (wirtschaftliche Weltgesellschaft). This...
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