Download or read book Temporal Boundaries of Law and Politics written by Luigi Corrias and published by Routledge. This book was released on 2018-04-09 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade, the changing role of time in society has once again taken centre stage in the academic debate. A prominent, but surely not the only, aspect of this debate hinges on the so-called acceleration of time and its societal consequences. Despite the fact that time is fundamental to the way in which law and politics function, the influence of the contemporary experience of time on law and politics remains underdeveloped. How, for example, does society’s structural acceleration impact on justice? Does law actually offer stability and predictability in an ever-changing global world? How can legal and political institutions function in the wake of ever-increasing uncertainty? Both law and politics employ time to order society but they are also limited in what can be effectuated by time. It is this very tension between temporal possibilities and limitations that the contributors to this collection – drawn from different fields of law, as well as from other disciplines – examine.
Download or read book Research Handbook on the Sociology of Law written by Jiří Přibáň and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.
Download or read book Time Law and Change written by Sofia Ranchordás and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a unique perspective on an overlooked subject – the relationship between time, change, and lawmaking – this edited collection brings together world-leading experts to consider how time considerations and social, political and technological change affect the legislative process, the interpretation of laws, the definition of the powers of the government and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and law, and change. The first part offers legal, theoretical and historical perspectives on the relationship between time and law, and how time shaped law and influences legal interpretation and constitutional change. The second part offers the reader an analysis of the different ways in which courts approach the impact of time on law, as well as theoretical and empirical reflections upon the meaning of the principle of legal certainty, legitimate expectations and the influence of law over time. The third part of the book analyses how legislation and the legislative process addresses time and change, and the various challenges they create to the legal order. The fourth and final part addresses the complex relationship between fast-paced technological change and the regulation of innovations.
Download or read book Utopian Thinking in Law Politics Architecture and Technology written by van Klink, Bart and published by Edward Elgar Publishing. This book was released on 2022-09-15 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This innovative book explores the role of utopian thinking in law and politics, including alternative forms of social engineering, such as technology and architecture. Building on Levitas’ Utopia as Method, the topic of utopia is addressed within the book from a multidisciplinary perspective.
Download or read book Global Intellectual Property Protection and New Constitutionalism written by Jonathan Griffiths and published by Oxford University Press. This book was released on 2021-11-22 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of “new constitutionalism”, the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this "constitutional" framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader "constitutional" norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.
Download or read book The Political Value of Time written by Elizabeth F. Cohen and published by Cambridge University Press. This book was released on 2018-03-01 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Waiting periods and deadlines are so ubiquitous that we often take them for granted. Yet they form a critical part of any democratic architecture. When a precise moment or amount of time is given political importance, we ought to understand why this is so. The Political Value of Time explores the idea of time within democratic theory and practice. Elizabeth F. Cohen demonstrates how political procedures use quantities of time to confer and deny citizenship rights. Using specific dates and deadlines, states carve boundaries around a citizenry. As time is assigned a form of political value it comes to be used to transact over rights. Cohen concludes with a normative analysis of the ways in which the devaluation of some people's political time constitutes a widely overlooked form of injustice. This book shows readers how and why they need to think about time if they want to understand politics.
Download or read book Ethics of Hospitality written by Daniel Innerarity and published by Taylor & Francis. This book was released on 2017-01-12 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The source of hospitality lies in the fundamental ethical experiences that make up the fabric of the social lives of people. Therein lies a primary form of humanity. Whether we are guests or hosts, this reveals our situation in a world made up of receiving and meeting, leaving room for the liberty to give and receive beyond the imperatives of reciprocity. This book proposes an ethic that promotes the possibility of stirring emotion before that of protecting ourselves from unexpected encounters. Fundamental ethical competence consists of opening up to the wholly other and to others, to be accessible to the world’s solicitations. There is moral superiority of vulnerable love over control and moderation, of generous passion over rational prudence and of excess over exchange. Constructing an ethic of hospitality is essential at a time when we are torn between the imperatives of modernization and growth and the demands of concern and protection. The experience we all have today, that of the fragility of the world, is giving rise to a powerful tendency toward solicitude. From such a perspective, the duty of individuals no longer consists of protecting themselves from society, but of defending it, taking care of a social fabric outside of which no identity can be formed.
Download or read book Fault Lines of Globalization written by Hans Lindahl and published by Oxford University Press. This book was released on 2013-09-26 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question whether and how boundaries might individuate and thereby be constitutive features of any imaginable legal order has yet to be addressed in a systematic and comprehensive manner by legal and political theory. This book seeks to address this important omission, providing an original contribution to the debate about law in a global setting. Against the widely endorsed assumption that we are now moving towards law without boundaries, it argues that every imaginable legal order, global or otherwise, is bounded in space, time, membership, and content. The book is built up around three main insights. Firstly, that legal orders can best be understood as a form of joint action in which authorities mediate and uphold who ought to do what, where, and when with a view to realising the normative point of acting together. Secondly, that behaviour can call into question the boundaries that determine who ought to do what, where and when: a-legality. Thirdly, that this a-legality reveals boundaries as marking a limit and, to a lesser or greater extent, a fault line of the respective legal order. Legal boundaries reveal ways of ordering the who, what, where, and when of behaviour which have been excluded, yet which remain within the range of practical possibilities accessible to the collective: limits. However legal boundaries also intimate an order which exceeds the range of possibilities accessible to that collective - the fault line of the respective legal order. Careful analysis of a wide range of legal orders, including nomadism, Roman law, classical international law, ius gentium, multinationals, cyberlaw, lex mercatoria, the EU, global regimes of human rights, and space law validates this thesis. What sense, then, can we make of the normativity of the law, if there can be no inclusion without exclusion? Arguing that legal and political theories misunderstand how legal boundaries do their work of including and excluding, the book develops a normative theory of legal order which is alternative to both communitarianism and cosmopolitanism.
Download or read book Grasping Legal Time written by Martijn Stronks and published by Cambridge University Press. This book was released on 2022-06-23 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the double-edged role of time in the regulation of migration from legal, philosophical and socio-cultural perspectives.
Download or read book International Frontiers and Boundaries written by Victor Prescott and published by BRILL. This book was released on 2008-06-25 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: International frontiers and boundaries separate land, rivers and lakes subject to different sovereignties. Frontiers are zones of varying widths and they were common many centuries ago. By 1900 frontiers had almost disappeared and had been replaced by boundaries that are lines. The divisive nature of frontiers and boundaries has formed the focus of inter-disciplinary studies by economists, geographers, historians, lawyers and political scientists. Scholars from these disciplines have produced a rich literature dealing with frontiers and boundaries. The authors surveyed this extensive literature and the introduction reveals the themes which have attracted most attention. Following the introduction the book falls into three sections. The first section deals systematically with frontiers, boundary evolution and boundary disputes. The second section considers aspects of international law related to boundaries. It includes chapters dealing with international law and territorial boundaries, maps as evidence of international boundaries and river boundaries and international law. The third section consists of seven regional chapters that examine the evolution of boundaries in the Americas, the Middle East, Africa, Asia, Europe, islands off Southeast Asia and Antarctica.
Download or read book The Law of the Future and the Future of Law written by Sam Muller and published by Torkel Opsahl Academic EPublisher. This book was released on 2011-06-21 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Future and the Future of Law is a unique collection of 'think pieces' in which a wide variety of experts share their thoughts on how they envision the future of law. By asking the question -What do you see as the most significant challenges for the development of the law? What developments are we likely to see in the coming two to three decades? What do those developments mean for national legal systems as a whole?- the Hague Institute for the Internationalisation of Law (HiiL) has canvassed the views of a large number of renowned experts in particular areas of law. This volume was prepared as part of the Law of the Future Joint Action Programme and as the basis of the Law of the Future Conference on 23 and 24 June 2011. The Law of the Future Joint Action Programme is based on the premise that prospective thinking about law is not only desirable but also required in order to ensure that law and legal systems do not become obsolete, ineffective or unjust. The aim is to set a world standard in thinking ahead, to guide decision makers today. For more information, visit www.lawofthefuture.org.
Download or read book Fault Lines of Globalization written by Hans Lindahl and published by OUP Oxford. This book was released on 2013-09-26 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question whether and how boundaries might individuate and thereby be constitutive features of any imaginable legal order has yet to be addressed in a systematic and comprehensive manner by legal and political theory. This book seeks to address this important omission, providing an original contribution to the debate about law in a global setting. Against the widely endorsed assumption that we are now moving towards law without boundaries, it argues that every imaginable legal order, global or otherwise, is bounded in space, time, membership, and content. The book is built up around three main insights. Firstly, that legal orders can best be understood as a form of joint action in which authorities mediate and uphold who ought to do what, where, and when with a view to realising the normative point of acting together. Secondly, that behaviour can call into question the boundaries that determine who ought to do what, where and when: a-legality. Thirdly, that this a-legality reveals boundaries as marking a limit and, to a lesser or greater extent, a fault line of the respective legal order. Legal boundaries reveal ways of ordering the who, what, where, and when of behaviour which have been excluded, yet which remain within the range of practical possibilities accessible to the collective: limits. However legal boundaries also intimate an order which exceeds the range of possibilities accessible to that collective - the fault line of the respective legal order. Careful analysis of a wide range of legal orders, including nomadism, Roman law, classical international law, ius gentium, multinationals, cyberlaw, lex mercatoria, the EU, global regimes of human rights, and space law validates this thesis. What sense, then, can we make of the normativity of the law, if there can be no inclusion without exclusion? Arguing that legal and political theories misunderstand how legal boundaries do their work of including and excluding, the book develops a normative theory of legal order which is alternative to both communitarianism and cosmopolitanism.
Download or read book Red Zones written by Marie-Eve Sylvestre and published by Cambridge University Press. This book was released on 2020-01-02 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Red Zones, Marie-Eve Sylvestre, Nicholas Blomley, and Céline Bellot examine the court-imposed territorial restrictions and other bail and sentencing conditions that are increasingly issued in the context of criminal proceedings. Drawing on extensive fieldwork with legal actors in the criminal justice system, as well as those who have been subjected to court surveillance, the authors demonstrate the devastating impact these restrictions have on the marginalized populations - the homeless, drug users, sex workers and protesters - who depend on public spaces. On a broader level, the authors show how red zones, unlike better publicized forms of spatial regulation such as legislation or policing strategies, create a form of legal territorialization that threatens to invert traditional expectations of justice and reshape our understanding of criminal law and punishment.
Download or read book Martial Law and English Laws c 1500 c 1700 written by John M. Collins and published by Cambridge University Press. This book was released on 2016-05-19 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive history of martial law, outlining how it was a vital component of England's domestic and imperial legal order.
Download or read book The Politics of Boundaries and Tendencies in International Relations written by Benoy Kumar Sarkar and published by Gale, Making of Modern Law. This book was released on 2013-09 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Making of Modern Law: Foreign, Comparative and International Law, 1600-1926, brings together foreign, comparative, and international titles in a single resource. Its International Law component features works of some of the great legal theorists, including Gentili, Grotius, Selden, Zouche, Pufendorf, Bijnkershoek, Wolff, Vattel, Martens, Mackintosh, Wheaton, among others. The materials in this archive are drawn from three world-class American law libraries: the Yale Law Library, the George Washington University Law Library, and the Columbia Law Library.Now for the first time, these high-quality digital scans of original works are available via print-on-demand, making them readily accessible to libraries, students, independent scholars, and readers of all ages.+++++++++++++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: +++++++++++++++Yale Law LibraryLP3Y007560019260101The Making of Modern Law: Foreign, Comparative, and International Law, 1600-1926"Most of these papers appeared in Forward (Calcutta)"--Pref.Calcutta: N. M. Ray Chowdhury & Co., 1926xvii, 322 p. 19 cmIndia
Download or read book International Law and Transitional Governance written by Emmanuel H. D. De Groof and published by Routledge. This book was released on 2020-04-28 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the role of international law in shaping and regulating transitional contexts, including the institutions, policies, and procedures that have been developed to steer constitutional regime changes in countries affected by catalytic events. The book offers a new perspective on the phenomenon of conflict-related transitions, whereby societies are re-constitutionalized through a set of interim governance arrangements subject to variable degrees of internationalization. Specifically, this volume interrogates the relevance, contribution, and perils of international law for this increasingly widespread phenomenon of inserting an auxiliary phase between two ages of constitutional government. It develops a nuanced understanding of the various international legal discourses surrounding conflict- and political crisis-related transitional governance by studying the contextual factors that influence the transitional arrangements themselves, with a specific focus on international aspects, including norms, actors, and related forms of expertise. In doing so, the book builds a bridge between comparative constitutional law and international legal scholarship in the practical and highly dynamic terrain of transitional governance. This book will be of much interest to practitioners and students of international law, diplomacy, mediation, security studies, and international relations.
Download or read book Jus Post Bellum written by Carsten Stahn and published by Oxford University Press. This book was released on 2014-02 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jus post bellum is the body of international legal norms and rules of international law that applies to a post-conflict situation as it moves to a status of peace. This book provides a detailed legal analysis of all aspects of jus post bellum, and uses case studies to show its relevance to the reality of situations on the ground.
