Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by . This book was released on 2020 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Download or read book Beyond Constitutionalism written by Nico Krisch and published by Oxford University Press, USA. This book was released on 2010-10-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Download or read book The Power of Law in a Transnational World written by Franz von Benda-Beckmann and published by Berghahn Books. This book was released on 2012 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: How is law mobilized and who has the power and authority to construct its meaning? This important volume examines this question as well as how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. The volume highlights how power is deployed under conditions of legal pluralism, exploring its effects on livelihoods and on social institutions, including the state. Such an approach not only demonstrates how the state, through its various development programs and organizational structures, attempts to control territory and people, but also relates the mechanisms of state control to other legal modes of control and regulation at both local and supranational levels.
Download or read book Power and Pluralism in International Law written by Edward S. Cohen and published by Routledge. This book was released on 2022-03-10 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.
Download or read book Great Powers and Outlaw States written by Gerry Simpson and published by Cambridge University Press. This book was released on 2004-04-22 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: The presence of Great Powers and outlaw states is a central but under-explored feature of international society. In this book, Gerry Simpson describes the ways in which an international legal order based on 'sovereign equality' has accommodated the Great Powers and regulated outlaw states since the beginning of the nineteenth-century. In doing so, the author offers a fresh understanding of sovereignty which he terms juridical sovereignty to show how international law has managed the interplay of three languages: the languages of Great Power prerogative, the language of outlawry (or anti-pluralism) and the language of sovereign equality. The co-existence and interaction of these three languages is traced through a number of moments of institutional transformation in the global order from the Congress of Vienna to the 'war on terrorism'.
Download or read book Mirrors of Justice written by Kamari Maxine Clarke and published by Cambridge University Press. This book was released on 2010 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mirrors of Justice is a groundbreaking study of the meanings of and possibilities for justice in the contemporary world. The book brings together a group of both prominent and emerging scholars to reconsider the relationships between justice, international law, culture, power, and history through case studies of a wide range of justice processes. The book's eighteen authors examine the ambiguities of justice in Europe, Africa, Latin America, Asia, the Middle East, and Melanesia through critical empirical and historical chapters. The introduction makes an important contribution to our understanding of the multiplicity of justice in the twenty-first century by providing an interdisciplinary theoretical framework that synthesizes the book's chapters with leading-edge literature on human rights, legal pluralism, and international law.
Download or read book Legal Pluralism and Empires 1500 1850 written by Lauren Benton and published by NYU Press. This book was released on 2013-07-22 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.
Download or read book Private International Law and Global Governance written by Horatia Muir Watt and published by . This book was released on 2014 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
Download or read book Legal Pluralism in Muslim Contexts written by Norbert Oberauer and published by BRILL. This book was released on 2019-05-20 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.
Download or read book Popular Culture and Legal Pluralism written by Wendy A Adams and published by Routledge. This book was released on 2016-06-17 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse. The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actually be instances of a re-imagined, alternative legality, and the concomitant implications. As an illustrative example, works of critical dystopia and the beliefs and behaviours of eco/animal-terrorists can be understood as shared narrative and normative commitments that constitute law just as fully as does the state when it legislates and adjudicates. This book will be of great interest to academics and scholars of law and popular culture, as well as those involved in interdisciplinary work in legal pluralism.
Download or read book Authorities written by Nicole Roughan and published by . This book was released on 2013-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interaction between state, transnational and international law is overlapping and often conflicting. Yet despite this messiness and multiplicity, law still creates obligations for its subjects. Despite its plurality, law still claims some kind of authority. The implications of this plurality of law can be troubling. It generates uncertainty for law-users over which law they are bound by, or for law-makers over the limits of their authority. Thus the practical problem is not plurality of law in itself, rather confusion over law's authority in such pluralist circumstances. Roughan argues that understanding authority in such pluralist circumstances requires a new conception of "relative authority." This book seeks to provide the theoretical tools needed to bring the disciplines examining legal and constitutional pluralism, into more direct engagement with theories of authority, by examining the one practice in which they are all interested: the practice of public authority.
Download or read book Normative Pluralism and International Law written by Jan Klabbers and published by Cambridge University Press. This book was released on 2013-04-22 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.
Download or read book Forms of Pluralism and Democratic Constitutionalism written by Andrew Arato and published by . This book was released on 2018 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state, discussing their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century and their capacity to deal with deep societal differences.
Download or read book Law Beyond the State written by Carmen E. Pavel and published by Oxford University Press. This book was released on 2021 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: "At the dawn of the twenty-first century, international politics is increasingly governed by legal rules and institutions. Yet widespread skepticism of its value and transformative potential, and sometimes outright hostility towards it abound. This book provides a normative justification for international law. Namely, it argues that the same reasons which support the development of law at the domestic level, namely the promotion of peace, the protection of individual rights, the facilitation of extensive, complex forms of cooperation and the resolution of collective action problems also support the development of law at the international level. The book offers moral and legal reasons for states to improve, strengthen, and further institutionalize the capacity of international law. The argument thus engages in institutional moral reasoning. It also shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice"--
Download or read book Law Justice and Power written by Sinkwan Cheng and published by Stanford University Press. This book was released on 2004 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides different disciplinary and cultural perspectives on the ethical and political ramifications of the incommensurable yet inextricable relationships among law, justice, and power.
