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Author : Nicole Roughan,Andrew Halpin
Publisher : Cambridge University Press
Page : 387 pages
File Size : 40,8 Mb
Release : 2017-09-14
Category : Law
ISBN : 9781107183964
This book presents and evaluates theoretical approaches to 'pluralist jurisprudence' and assesses the viability of theorising law extending beyond the state.
Author : Nicole Roughan
Publisher : Unknown
Page : 128 pages
File Size : 40,7 Mb
Release : 2024-06-28
Category : Electronic
ISBN : 1316881520
Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 55,6 Mb
Release : 2020-09-24
Category : Law
ISBN : 9780197516744
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Author : Helge Dedek
Publisher : Cambridge University Press
Page : 325 pages
File Size : 42,7 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781108841726
Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Author : Michael A. Helfand
Publisher : Cambridge University Press
Page : 363 pages
File Size : 44,5 Mb
Release : 2015-07-02
Category : Law
ISBN : 9781107083769
Addresses the relationship between the nation-state and non-state law, considering how they can coexist and transform each other.
Author : András Sajó,Lorri Rutt Bentch
Publisher : Eleven International Publishing
Page : 271 pages
File Size : 42,7 Mb
Release : 2004
Category : Civil rights
ISBN : 9789077596043
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.
Author : Kaarlo Tuori
Publisher : Cambridge University Press
Page : 315 pages
File Size : 43,8 Mb
Release : 2021-09-16
Category : Law
ISBN : 9781108844727
The book relates the normativity of law to law's internal sociality and shows the multi-layered nature of legal normativity.
Author : Santi Romano
Publisher : Routledge
Page : 297 pages
File Size : 42,7 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781351674386
First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.
Author : Peer Zumbansen
Publisher : Oxford University Press
Page : 1246 pages
File Size : 54,8 Mb
Release : 2021
Category : Law
ISBN : 9780197547410
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
Author : Luca Siliquini-Cinelli
Publisher : Springer Nature
Page : 315 pages
File Size : 40,8 Mb
Release : 2019-08-30
Category : Law
ISBN : 9783030247058
A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.
Author : Roger Cotterrell
Publisher : Routledge
Page : 429 pages
File Size : 49,7 Mb
Release : 2017-12-06
Category : Law
ISBN : 9781351683234
This book presents a unified set of arguments about the nature of jurisprudence and its relation to the jurist’s role. It explores contemporary challenges that create a need for social scientific perspectives in jurisprudence, and it shows how sociological resources can and should be used in considering juristic issues. Its overall aim is to redefine the concept of sociological jurisprudence and outline a new agenda for this. Supporting this agenda, the book elaborates a distinctive juristic perspective that recognises law’s diversity of cultural meanings, its extending transnational reach, its responsibilities to reflect popular aspirations for justice and security, and its integrative tasks as a general resource of regulation for society as a whole and for the individuals who interact under law’s protection. Drawing on and extending the author’s previous work, the book will be essential reading for students, researchers and academics working in jurisprudence, law and society, socio-legal studies, sociology of law, and comparative legal studies.
Author : Margaret Davies
Publisher : Taylor & Francis
Page : 176 pages
File Size : 49,8 Mb
Release : 2017-01-20
Category : Law
ISBN : 9781317688907
This book engages with a traditional yet persistent question of legal theory – what is law? However, instead of attempting to define and limit law, the aim of the book is to unlimit law, to take the idea of law beyond its conventionally accepted boundaries into the material and plural domains of an interconnected human and nonhuman world. Against the backdrop of analytical jurisprudence, the book draws theoretical connections and continuities between different experiences, spheres, and modalities of law. Taking up the many forms of critical and socio-legal thought, it presents a broad challenge to legal essentialism and abstraction, as well as an important contribution to more general normative theory. Reading, crystallising, and extending themes that have emerged in legal thought over the past century, this book is the culmination of the author’s 25 years of engagement with legal theory. Its bold attempt to forge a thoroughly contemporary approach to law will be of enormous value to those with interests in legal and socio-legal theory.
Author : Nicole Roughan
Publisher : Oxford University Press
Page : 277 pages
File Size : 47,7 Mb
Release : 2013-09
Category : Law
ISBN : 9780199671410
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.
Author : Bartosz Broz&775;ek,Bartosz Brożek
Publisher : Cambridge University Press
Page : 191 pages
File Size : 53,9 Mb
Release : 2019-11-28
Category : Law
ISBN : 9781108493253
How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.
Author : Kamari Maxine Clarke
Publisher : Cambridge University Press
Page : 353 pages
File Size : 54,6 Mb
Release : 2009-05-25
Category : Law
ISBN : 9780521889100
This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.
