Culture In Law And Development

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Hybridity: Law, Culture and Development

Nicolas Lemay-Hébert,Rosa Freedman
Hybridity Law Culture and Development Book PDF

Author : Nicolas Lemay-Hébert,Rosa Freedman
Publisher : Taylor & Francis
Page : 332 pages
File Size : 51,7 Mb
Release : 2017-02-17
Category : Law
ISBN : 9781317202905

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Hybridity: Law, Culture and Development by Nicolas Lemay-Hébert,Rosa Freedman Pdf

This book explores recent developments in the concept of hybridity through a multi-disciplinary perspective, bringing ideas about legal plurality together with the fields of peace, development and cultural studies. Analysing the concepts of hybridity and hybridization, their history, their application in law and legal studies, and their implications for thinking and rethinking legal plurality, the book shows how the concept of hybridity can contribute to an understanding of the processes that occur when different normative or legal orders or frameworks confront each other.

Culture and International Economic Law

Valentina Vadi,Bruno de Witte
Culture and International Economic Law Book PDF

Author : Valentina Vadi,Bruno de Witte
Publisher : Routledge
Page : 307 pages
File Size : 46,8 Mb
Release : 2015-02-11
Category : Law
ISBN : 9781317910756

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Culture and International Economic Law by Valentina Vadi,Bruno de Witte Pdf

Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.

Culture in Law and Development

Lan Cao
Culture in Law and Development Book PDF

Author : Lan Cao
Publisher : Oxford University Press
Page : 553 pages
File Size : 55,6 Mb
Release : 2016
Category : Law
ISBN : 9780199915231

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Culture in Law and Development by Lan Cao Pdf

'Culture in Law and Development' presents a provocative new solution to the seemingly intractable problem of combining international norms with local cultural traditions by changing culture through law and development.

Law and Development

Frank H. Stephen
Law and Development Book PDF

Author : Frank H. Stephen
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 44,6 Mb
Release : 2018-01-26
Category : Business & Economics
ISBN : 9781784718213

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Law and Development by Frank H. Stephen Pdf

This book draws on the analytical framework of New Institutional Economics (NIE) to critically examine the role which law and the legal system play in economic development. Analytical concepts from NIE are used to assess policies which have been supported by multilateral development organisations including securing private property rights, reform of the legal system and financial development. The importance of culture in shaping the legal environment, which in turn influences financial sector development, is also assessed using Oliver Williamson’s ‘levels of social analysis’ framework.

The Formation and Transmission of Western Legal Culture

Serge Dauchy,Georges Martyn,Anthony Musson,Heikki Pihlajamäki,Alain Wijffels
The Formation and Transmission of Western Legal Culture Book PDF

Author : Serge Dauchy,Georges Martyn,Anthony Musson,Heikki Pihlajamäki,Alain Wijffels
Publisher : Springer
Page : 571 pages
File Size : 40,5 Mb
Release : 2016-12-01
Category : Law
ISBN : 9783319455679

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The Formation and Transmission of Western Legal Culture by Serge Dauchy,Georges Martyn,Anthony Musson,Heikki Pihlajamäki,Alain Wijffels Pdf

This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.

Law, Culture and Society

Roger Cotterrell
Law Culture and Society Book PDF

Author : Roger Cotterrell
Publisher : Routledge
Page : 317 pages
File Size : 44,8 Mb
Release : 2017-10-03
Category : Law
ISBN : 9781351217965

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Law, Culture and Society by Roger Cotterrell Pdf

This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.

Intersections of Law and Culture at the International Criminal Court

Julie Fraser,Brianne McGonigle Leyh
Intersections of Law and Culture at the International Criminal Court Book PDF

Author : Julie Fraser,Brianne McGonigle Leyh
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 42,6 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781839107306

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Intersections of Law and Culture at the International Criminal Court by Julie Fraser,Brianne McGonigle Leyh Pdf

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Law as Culture

Lawrence Rosen
Law as Culture Book PDF

Author : Lawrence Rosen
Publisher : Princeton University Press
Page : 232 pages
File Size : 42,9 Mb
Release : 2017-03-17
Category : Law
ISBN : 9781400887583

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Law as Culture by Lawrence Rosen Pdf

Law is integral to culture, and culture to law. Often considered a distinctive domain with strange rules and stranger language, law is actually part of a culture's way of expressing its sense of the order of things. In Law as Culture, Lawrence Rosen invites readers to consider how the facts that are adduced in a legal forum connect to the ways in which facts are constructed in other areas of everyday life, how the processes of legal decision-making partake of the logic by which the culture as a whole is put together, and how courts, mediators, or social pressures fashion a sense of the world as consistent with common sense and social identity. While the book explores issues comparatively, in each instance it relates them to contemporary Western experience. The development of the jury and Continental legal proceedings thus becomes a story of the development of Western ideas of the person and time; African mediation techniques become tests for the style and success of similar efforts in America and Europe; the assertion that one's culture should be considered as an excuse for a crime becomes a challenge to the relation of cultural norms and cultural diversity. Throughout the book, the reader is invited to approach law afresh, as a realm that is integral to every culture and as a window into the nature of culture itself.

Culture in Law and Development

Lan Cao
Culture in Law and Development Book PDF

Author : Lan Cao
Publisher : Oxford University Press
Page : 432 pages
File Size : 54,8 Mb
Release : 2016-05-02
Category : Law
ISBN : 9780190608217

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Culture in Law and Development by Lan Cao Pdf

The growth of international law in the post-World War II era stemmed partly from the belief that universal norms would make life for the entire world's population safer, more equitable, and more conducive to each person's acquisition of basic material needs. Starting in the sixties and seventies, some scholars and activists challenged this assumption and established the school of "cultural relativism," a model that pays deference to local cultural traditions and favors them over international human rights norms. Scholars tried to create and practice a middle-ground approach between universalism and relativism, whereby the most egregious violations would be prevented through assimilating only jus cogens norms into indigenous groups' existing cultural traditions. Such efforts at combining a few select international norms with local cultural traditions largely failed. Culture in Law and Development presents a provocative new solution to the seemingly intractable problem of combining international norms with local cultural traditions by changing culture through law and development. In this book, Lan Cao demonstrates how the gradual expansion of customary international law (CIL) provides a model for changing culture in ways that protect and advance local populations. The book adopts a holistic view of development and argues that cultural norms that impede the human capabilities of the poor, women, and other marginal groups should be changed. The book reveals how a more conscious, coordinated effort on such change can succeed while non-violative local traditions are otherwise honored and preserved. Cao proposes that cultural change does not have to constitute cultural disrespect, and that local societies only benefit by a careful combination of externally wrought change and internally fostered tradition.

Culture and International Law

Hikmahanto Juwana,Jeffrey Thomas,Mohd Hazmi Mohd Rusli,Dhiana Puspitawati
Culture and International Law Book PDF

Author : Hikmahanto Juwana,Jeffrey Thomas,Mohd Hazmi Mohd Rusli,Dhiana Puspitawati
Publisher : CRC Press
Page : 488 pages
File Size : 51,8 Mb
Release : 2019-09-03
Category : Technology & Engineering
ISBN : 9780429759765

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Culture and International Law by Hikmahanto Juwana,Jeffrey Thomas,Mohd Hazmi Mohd Rusli,Dhiana Puspitawati Pdf

In this era of globalization, International Law plays a significant role in facing rapid development of various legal issues. Cultural preservation has emerged as an important legal issue that should be considered by States. This book consists of academic papers presented and discussed during the 9th International Conference of the Centre of International Law Studies (9th CILS Conference) held in Malang, Indonesia, 2-3 October 2018. The title of the book represents the major theme of the conference: "Culture and International Law." It is argued that along with globalization, cultural preservation is slowly ignored by States. Various papers presented in the book cover five topics: cultural heritage; cultural rights; culture and economic activity; culture and armed conflict; and a general topic. The authors of the papers are outstanding academics from various countries, Lithuania, United States of America, Australia, Thailand and Indonesia. The conference was organized by Universitas Indonesia in collaboration with Brawijaya University. This book aims to give a useful contribution to the existing literature on International Law, specifically focussing on cultural issues from the perspective of cultural heritage and rights, economic as well as armed conflict.

Law and Development

Anthony Carty
Law and Development Book PDF

Author : Anthony Carty
Publisher : Dartmouth Publishing Company
Page : 506 pages
File Size : 49,8 Mb
Release : 1992
Category : Economic assistance
ISBN : 1855211998

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Law and Development by Anthony Carty Pdf

This collection of articles on law and development is divided into three sections: law and modernization - the legal imperialism debate; the debate about the right to development as a human right or state law versus people's law and the development process; and international law and development.

Reframing the International

Richard Falk,R.B.J. Walker,Lester Ruiz
Reframing the International Book PDF

Author : Richard Falk,R.B.J. Walker,Lester Ruiz
Publisher : Routledge
Page : 276 pages
File Size : 46,5 Mb
Release : 2013-10-08
Category : Political Science
ISBN : 9781136702167

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Reframing the International by Richard Falk,R.B.J. Walker,Lester Ruiz Pdf

Re-Framing the International insists that, if we are to properly face the challenges of the coming century, we need to re-examine international politics and development through the prism of ethics and morality. International relations must now contend with a widening circle of participants reflecting the diversity and uneveness of status, memory, gender, race, culture and class.

Legal Pluralism and Development

Brian Z. Tamanaha,Caroline Sage,Michael J. V. Woolcock
Legal Pluralism and Development Book PDF

Author : Brian Z. Tamanaha,Caroline Sage,Michael J. V. Woolcock
Publisher : Cambridge University Press
Page : 271 pages
File Size : 48,6 Mb
Release : 2012-05-28
Category : Law
ISBN : 9781107019409

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Legal Pluralism and Development by Brian Z. Tamanaha,Caroline Sage,Michael J. V. Woolcock Pdf

Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.

Arts, Culture and Community Development

Meade, Rosie,Shaw, Mae
Arts Culture and Community Development Book PDF

Author : Meade, Rosie,Shaw, Mae
Publisher : Policy Press
Page : 272 pages
File Size : 51,8 Mb
Release : 2021-07-15
Category : Education
ISBN : 9781447340515

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Arts, Culture and Community Development by Meade, Rosie,Shaw, Mae Pdf

Drawing on international examples, this book interrogates the relationship between the arts, culture and community development. Contributors from six continents, reimagine community development as they consider how aesthetic arts contribute to processes of peacebuilding, youth empowerment, participatory planning and environmental regeneration.

The Futility of Law and Development

Jedidiah Joseph Kroncke
The Futility of Law and Development Book PDF

Author : Jedidiah Joseph Kroncke
Publisher : Oxford University Press
Page : 373 pages
File Size : 46,8 Mb
Release : 2016
Category : Law
ISBN : 9780190233525

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The Futility of Law and Development by Jedidiah Joseph Kroncke Pdf

This text uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today.