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 373 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 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 177 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 Out of Line written by R.B.J. Walker and published by Routledge. This book was released on 2015-08-27 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays on the politics of boundaries, this book addresses a broad range of cases, some geographical, some legal, and some involving less tangible practices of inclusion and exclusion. The book begins by exploring the boundary between modern Western forms of international relations and their constitutive outsides. Beyond this, the author engages with relations between subjectivity and security, security and nature, social movements and a world politics, as well as the politics of spatiotemporal dislocation. Two chapters address the work of Thomas Hobbes and Max Weber as exemplary accounts of the relationship between boundaries and the constitution of modern forms of politics. Each chapter speaks not only to the politics of specific boundary practices, but also to the limits within which modern politics has been shaped in relation to claims about spatiality, temporality, sovereignty and subjectivity. In this way, the book draws attention to a pervasive account of a scalar order of higher and lower that has shaped more familiar distinctions between internality and externality. Offering an analysis of the relation between concepts of internationalism, imperialism and exceptionalism, as well as the implications of spatiotemporal dislocation for claims about democracy, the book links contemporary claims about the transformation of boundaries to various ways in which political life is said to be in crisis and in need of novel forms of critique. Brought up to date by a new and extensive introductory essay and an assessment of the status of political judgement after 9/11, this book is essential reading for students and scholars of politics, international relations, political theory and political sociology.
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 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 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 Time and world politics written by Kimberly Hutchings and published by Manchester University Press. This book was released on 2013-07-19 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first authoritative guide to assumptions about time in theories of contemporary world politics. It demonstrates how predominant theories of the international or global ‘present’ are affected by temporal assumptions, grounded in western political thought, that fundamentally shape what we can and cannot know about world politics today. The first part of the book traces the philosophical roots of assumptions about time in contemporary political theory. The second part examines contemporary theories of world politics, including liberal and realist International Relations theories and the work of Habermas, Hardt and Negri, Virilio and Agamben. In each case, it is argued, assumptions about political time ensure the identification of the particular temporality of western experience with the political temporality of the world as such and put the theorist in the unsustainable position of holding the key to the direction of world history. In the final chapter, the book draws on postcolonial and feminist thinking, and the philosophical accounts of political time in the work of Derrida and Deleuze, to develop a new ‘untimely’ way of thinking about time in world politics.
Download or read book Jus Post Bellum written by Carsten Stahn and published by . 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.
Download or read book Research Handbook on Art and Law written by Jani McCutcheon and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant – one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law.
Download or read book Law and Muslim Political Thought in Late Colonial North India written by Adeel Hussain and published by Oxford University Press. This book was released on 2022-06-06 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the 1930s, much of the world was in severe economic and political crises. These upheavals ushered in new ways of thinking about social and political conditions. In some cases, these new ideas transformed entire political systems. Particularly in Europe, these transformations are well chronicled in scholarship. In scholarly writings on India, however, Muslim political thought has gone relatively unnoticed during this eventful decade. Instead, scholarship on Muslim India has so far privileged the early 1920s, where a movement to uphold the caliphate after the dissolution of the Ottoman Empire briefly united Hindus and Muslims under Gandhi, and on the Pakistan movement of the 1940s. This book seeks to fill this gap. It maps the evolution of Muslim legal and political thought from roughly 1927 to 1940. By looking at landmark legal decisions in tandem with the political ideas of Muhammad Iqbal and Muhammad Ali Jinnah, Pakistan's founding fathers, this book highlights the more concealed ways in which Indian Muslims began to acquire a political outlook with distinctly separatist aspirations. What makes this period worthy of a separate study is that the legal antagonism between religious communities in the 1930s foreshadowed political conflicts that arose in the run-up to independence in 1947. The presented cases and thinkers reflect the possibilities and limitations of Muslim political thought in colonial India.
