Legitimacy Legal Development And Change

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Legitimacy, Legal Development and Change

David K. Linnan
Legitimacy Legal Development and Change Book PDF

Author : David K. Linnan
Publisher : Routledge
Page : 474 pages
File Size : 48,8 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317105817

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Legitimacy, Legal Development and Change by David K. Linnan Pdf

This book addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal development's source of legitimacy if not modernization? But by the same token, whose version of modernization will predominate absent a Western monopoly on change? There are now legal development alternatives, especially from Asia, so we need a better way to ask the right questions of different approaches primarily in (non-Western) Asia, Africa, the Islamic world, plus South America. Incoming waves of change like the 'Arab spring' lie on the horizon. Meanwhile, debates are sharpening about law's role in economic development versus democracy and governance under the rubric of the rule of law. More than a general survey of law and modernization theory and practice, this work is a timely reference for practitioners of institutional reform, and a thought-provoking interdisciplinary collection of essays in an area of renewed practical and scholarly interest. The contributors are a distinguished international group of scholars and practitioners of law, development, social sciences, and religion with extensive experience in the developing world.

Legitimacy, Legal Development and Change

David K. Linnan
Legitimacy Legal Development and Change Book PDF

Author : David K. Linnan
Publisher : Routledge
Page : 474 pages
File Size : 43,8 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317105824

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Legitimacy, Legal Development and Change by David K. Linnan Pdf

This book addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal development's source of legitimacy if not modernization? But by the same token, whose version of modernization will predominate absent a Western monopoly on change? There are now legal development alternatives, especially from Asia, so we need a better way to ask the right questions of different approaches primarily in (non-Western) Asia, Africa, the Islamic world, plus South America. Incoming waves of change like the 'Arab spring' lie on the horizon. Meanwhile, debates are sharpening about law's role in economic development versus democracy and governance under the rubric of the rule of law. More than a general survey of law and modernization theory and practice, this work is a timely reference for practitioners of institutional reform, and a thought-provoking interdisciplinary collection of essays in an area of renewed practical and scholarly interest. The contributors are a distinguished international group of scholars and practitioners of law, development, social sciences, and religion with extensive experience in the developing world.

Why Children Follow Rules

Tom R. Tyler,Rick Trinkner
Why Children Follow Rules Book PDF

Author : Tom R. Tyler,Rick Trinkner
Publisher : Oxford University Press
Page : 281 pages
File Size : 49,8 Mb
Release : 2017
Category : Law
ISBN : 9780190644147

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Why Children Follow Rules by Tom R. Tyler,Rick Trinkner Pdf

Legal socialization is the process by which children and adolescents acquire their law related values, attitudes, and reasoning capacities. Such values and attitudes, in particular legitimacy, underlie the ability and willingness to consent to laws and defer to legal authorities that make legitimacy based legal systems possible. By age eighteen a person's orientation toward law is largely established, yet legal scholarship has largely ignored this process in favor of studying adults and their relationship to the law. Why Children Follow Rules focuses upon legal socialization outlining what is known about the process across three related, but distinct, contexts: the family, the school, and the juvenile justice system. Throughout, Tom Tyler and Rick Trinkner emphasize the degree to which individuals develop their orientations toward law and legal authority upon values connected to responsibility and obligation as opposed to fear of punishment. They argue that authorities can act in ways that internalize legal values and promote supportive attitudes. In particular, consensual legal authority is linked to three issues: how authorities make decisions, how they treat people, and whether they recognize the boundaries of their authority. When individuals experience authority that is fair, respectful, and aware of the limits of power, they are more likely to consent and follow directives. Despite clear evidence showing the benefits of consensual authority, strong pressures and popular support for the exercise of authority based on dominance and force persist in America's families, schools, and within the juvenile justice system. As the currently low levels of public trust and confidence in the police, the courts, and the law undermine the effectiveness of our legal system, Tom Tyler and Rick Trinkner point to alternative way to foster the popular legitimacy of the law in an era of mistrust.

Law-Making and Legitimacy in International Humanitarian Law

Püschmann, Jonas
Law Making and Legitimacy in International Humanitarian Law Book PDF

Author : Püschmann, Jonas
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 47,7 Mb
Release : 2021-10-19
Category : Political Science
ISBN : 9781800883963

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Law-Making and Legitimacy in International Humanitarian Law by Püschmann, Jonas Pdf

International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

Change of Circumstance. Approach to the doctrine of "change of circumstance" in different countries and legitimacy of this doctrine

Ziya Baghirzade
Change of Circumstance Approach to the doctrine of change of circumstance in different countries and legitimacy of this doctrine Book PDF

Author : Ziya Baghirzade
Publisher : GRIN Verlag
Page : 20 pages
File Size : 53,5 Mb
Release : 2013-12-10
Category : Law
ISBN : 9783656557456

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Change of Circumstance. Approach to the doctrine of "change of circumstance" in different countries and legitimacy of this doctrine by Ziya Baghirzade Pdf

Seminar paper from the year 2013 in the subject Law - Civil Action / Lawsuit Law, grade: 1,7, Free University of Berlin (Law School), course: Master of Business Law, language: English, abstract: This paper provides information about the doctrine of the “change of circumstance” and its approach in 3 different countries. Moreover, legitimacy and appropriate scope of the doctrine is assessed as the conclusion of the paper.

The Democratic Legitimacy of International Law

Steven Wheatley
The Democratic Legitimacy of International Law Book PDF

Author : Steven Wheatley
Publisher : Bloomsbury Publishing
Page : 424 pages
File Size : 52,8 Mb
Release : 2010-06-02
Category : Law
ISBN : 9781847315861

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The Democratic Legitimacy of International Law by Steven Wheatley Pdf

The objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by Jürgen Habermas, and apply the understanding to the systems of global governance. The idea of democracy requires that the people decide, through democratic procedures, all policy issues that are politically decidable. But the state is not a voluntary association of free and equal citizens; it is a construct of international law, and subject to international law norms. Political self-determination takes places within a framework established by domestic and international public law. A compensatory form of democratic legitimacy for inter-state norms can be established through deliberative forms of diplomacy and a requirement of consent to international law norms, but the decline of the Westphalian political settlement means that the two-track model of democratic self-determination is no longer sufficient to explain the legitimacy and authority of law. The emergence of non-state sites for the production of global norms that regulate social, economic and political life within the state requires an evaluation of the concept of (international) law and the (legitimate) authority of non-state actors. Given that states retain a monopoly on the coercive enforcement of law and the primary responsibility for the guarantee of the public and private autonomy of citizens, the legitimacy and authority of the laws that regulate the conditions of social life should be evaluated by each democratic state. The construction of a multiverse of democratic visions of global governance by democratic states will have the practical consequence of democratising the international law order, providing democratic legitimacy for international law.

The Oxford Handbook of Law and Politics

Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira
The Oxford Handbook of Law and Politics Book PDF

Author : Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira
Publisher : OUP Oxford
Page : 828 pages
File Size : 45,9 Mb
Release : 2010-06-11
Category : Political Science
ISBN : 9780191616280

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The Oxford Handbook of Law and Politics by Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira Pdf

The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

Justice Reform and Development

Linn A. Hammergren
Justice Reform and Development Book PDF

Author : Linn A. Hammergren
Publisher : Routledge
Page : 291 pages
File Size : 48,5 Mb
Release : 2014-04-29
Category : Law
ISBN : 9781317810254

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Justice Reform and Development by Linn A. Hammergren Pdf

This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries’ experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.

Legitimacy and Legality in International Law

Jutta Brunnée,Stephen J. Toope
Legitimacy and Legality in International Law Book PDF

Author : Jutta Brunnée,Stephen J. Toope
Publisher : Cambridge University Press
Page : 128 pages
File Size : 45,5 Mb
Release : 2010-08-05
Category : Law
ISBN : 9781139491471

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Legitimacy and Legality in International Law by Jutta Brunnée,Stephen J. Toope Pdf

It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

International Law and Transnational Organized Crime

Pierre Hauck,Sven Peterke
International Law and Transnational Organized Crime Book PDF

Author : Pierre Hauck,Sven Peterke
Publisher : Oxford University Press
Page : 609 pages
File Size : 49,7 Mb
Release : 2016
Category : Law
ISBN : 9780198733737

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International Law and Transnational Organized Crime by Pierre Hauck,Sven Peterke Pdf

Examining the various sources of law that form this area of growing academic and practical importance, International Law and Transnational Organised Crime provides readers with a thorough understanding of the key concepts and legal instruments in international law governing transnational organised crime.

International Law and Transnational Organised Crime

Pierre Hauck,Sven Peterke
International Law and Transnational Organised Crime Book PDF

Author : Pierre Hauck,Sven Peterke
Publisher : Oxford University Press
Page : 550 pages
File Size : 49,9 Mb
Release : 2016-06-23
Category : Law
ISBN : 9780191053474

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International Law and Transnational Organised Crime by Pierre Hauck,Sven Peterke Pdf

Since the end of the Cold War, states have become increasingly engaged in the suppression of transnational organised crime. The existence of the UN Convention against Transnational Organised Crime and its Protocols demonstrates the necessity to comprehend this subject in a systematic way. Synthesizing the various sources of law that form this area of growing academic and practical importance, International Law and Transnational Organised Crime provides readers with a thorough understanding of the key concepts and legal instruments in international law governing transnational organised crime. The volume analyses transnational organised crime in consideration of the most relevant subareas of international law, such as international human rights and the law of armed conflict. Written by internationally recognized scholars in international and criminal law as well as respected high-level practitioners, this book is a useful tool for lawyers, public agents, and academics seeking straightforward and comprehensive access to a complex and significant topic.

Legitimacy in International Law

Rüdiger Wolfrum,Volker Röben
Legitimacy in International Law Book PDF

Author : Rüdiger Wolfrum,Volker Röben
Publisher : Springer Science & Business Media
Page : 423 pages
File Size : 53,7 Mb
Release : 2008-02-26
Category : Law
ISBN : 9783540777649

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Legitimacy in International Law by Rüdiger Wolfrum,Volker Röben Pdf

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Law and Legitimacy in the Supreme Court

Richard H. Fallon
Law and Legitimacy in the Supreme Court Book PDF

Author : Richard H. Fallon
Publisher : Harvard University Press
Page : 237 pages
File Size : 45,9 Mb
Release : 2018-02-19
Category : Law
ISBN : 9780674975811

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Law and Legitimacy in the Supreme Court by Richard H. Fallon Pdf

Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

The Socio-Cultural, Ethnic and Historic Foundations of Kenya’s Electoral Violence

Stephen M. Magu
The Socio Cultural Ethnic and Historic Foundations of Kenya s Electoral Violence Book PDF

Author : Stephen M. Magu
Publisher : Routledge
Page : 262 pages
File Size : 45,7 Mb
Release : 2018-02-02
Category : Political Science
ISBN : 9781351142427

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The Socio-Cultural, Ethnic and Historic Foundations of Kenya’s Electoral Violence by Stephen M. Magu Pdf

Kenya’s 2007 General Election results announcement precipitated the worst ethnic conflict in the country’s history; 1,133 people were killed, while 600,000 were internally displaced. Within 2 months, the incumbent and the challenger had agreed to a power-sharing agreement and a Government of National Unity. This book investigates the role of socio-cultural origins of ethnic conflict during electoral periods in Kenya beginning with the multi-party era of democratization and the first multi-party elections of 1992, illustrating how ethnic groups construct their interests and cooperate (or fail to) based on shared traits. The author demonstrates that socio-cultural traditions have led to the collaboration (and frequent conflict) between the Kikuyu and Kalenjin that has dominated power and politics in independent Kenya. The author goes onto evaluate the possibility of peace for future elections. This book will be of interest to scholars of African democracy, Kenyan history and politics, and ethnic conflict.

Globalization and Sovereignty

Jean L. Cohen
Globalization and Sovereignty Book PDF

Author : Jean L. Cohen
Publisher : Cambridge University Press
Page : 455 pages
File Size : 48,7 Mb
Release : 2012-08-02
Category : Political Science
ISBN : 9781139560269

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Globalization and Sovereignty by Jean L. Cohen Pdf

Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.