Temporal Boundaries Of Law And Politics

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Temporal Boundaries of Law and Politics

Luigi Corrias,Lyana Francot
Temporal Boundaries of Law and Politics Book PDF

Author : Luigi Corrias,Lyana Francot
Publisher : Routledge
Page : 210 pages
File Size : 42,6 Mb
Release : 2018-04-09
Category : Law
ISBN : 9781351103466

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Temporal Boundaries of Law and Politics by Luigi Corrias,Lyana Francot Pdf

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.

Research Handbook on the Sociology of Law

Jiří Přibáň
Research Handbook on the Sociology of Law Book PDF

Author : Jiří Přibáň
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 50,9 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781789905182

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Research Handbook on the Sociology of Law by Jiří Přibáň Pdf

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.

Utopian Thinking in Law, Politics, Architecture and Technology

van Klink, Bart,Soniewicka, Marta,van den Broeke, Leon
Utopian Thinking in Law Politics Architecture and Technology Book PDF

Author : van Klink, Bart,Soniewicka, Marta,van den Broeke, Leon
Publisher : Edward Elgar Publishing
Page : 321 pages
File Size : 53,5 Mb
Release : 2022-09-15
Category : Law
ISBN : 9781803921402

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Utopian Thinking in Law, Politics, Architecture and Technology by van Klink, Bart,Soniewicka, Marta,van den Broeke, Leon Pdf

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.

Fault Lines of Globalization

Hans Lindahl
Fault Lines of Globalization Book PDF

Author : Hans Lindahl
Publisher : OUP Oxford
Page : 299 pages
File Size : 51,5 Mb
Release : 2013-09-26
Category : Law
ISBN : 9780191511523

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Fault Lines of Globalization by Hans Lindahl Pdf

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.

International Frontiers and Boundaries

J. R. John Robert Victor Prescott,Gillian Gillian Doreen Triggs
International Frontiers and Boundaries Book PDF

Author : J. R. John Robert Victor Prescott,Gillian Gillian Doreen Triggs
Publisher : Martinus Nijhoff Publishers
Page : 517 pages
File Size : 51,9 Mb
Release : 2008
Category : Law
ISBN : 9789004167858

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International Frontiers and Boundaries by J. R. John Robert Victor Prescott,Gillian Gillian Doreen Triggs Pdf

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.

Ethics of Hospitality

Daniel Innerarity
Ethics of Hospitality Book PDF

Author : Daniel Innerarity
Publisher : Taylor & Francis
Page : 168 pages
File Size : 54,8 Mb
Release : 2017-01-12
Category : Law
ISBN : 9781317210375

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Ethics of Hospitality by Daniel Innerarity Pdf

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.

Title to Territory in International Law

Joshua Castellino,Steve Allen
Title to Territory in International Law Book PDF

Author : Joshua Castellino,Steve Allen
Publisher : Dartmouth Publishing Group
Page : 296 pages
File Size : 54,8 Mb
Release : 2003
Category : Law
ISBN : UOM:39015056879763

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Title to Territory in International Law by Joshua Castellino,Steve Allen Pdf

In seeking to foster preconditions for maintenance of order international law lays great emphasis on state sovereignty - guaranteeing states special protection against threats to their territorial integrity. However, the demarcation of territory in most post-colonial states is extremely controversial since these physical dimensions were usually established during European colonial rule. The Roman doctrine of uti possidetis was called upon to add the thrust of legal sanctity and prevent challenge to boundaries bequeathed to the new ruler. By charting its progress through different temporal phases this book demonstrates that this doctrine evolved to suit political rather than legal tenets. The book is divided into seven chapters; the first two focussing on theoretical issues surrounding uti possidetis, examining its original development in Roman law. The next three chapters trace usage of the doctrine through Spanish decolonization, African colonisation and recent ICJ jurisprudence while the last two study modern manifestations of the effects of the doctrine in the former Yugoslavia and for indigenous peoples world-wide. A comprehensive and critical analysis of the Roman doctrine of uti possidetis, this book is an important resource for both students and scholars of international law.

Time, Law, and Change

Sofia Ranchordás,Yaniv Roznai
Time Law and Change Book PDF

Author : Sofia Ranchordás,Yaniv Roznai
Publisher : Bloomsbury Publishing
Page : 407 pages
File Size : 47,6 Mb
Release : 2020-04-16
Category : Law
ISBN : 9781509930944

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Time, Law, and Change by Sofia Ranchordás,Yaniv Roznai Pdf

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.

Global Intellectual Property Protection and New Constitutionalism

Jonathan Griffiths,Tuomas Mylly
Global Intellectual Property Protection and New Constitutionalism Book PDF

Author : Jonathan Griffiths,Tuomas Mylly
Publisher : Oxford University Press
Page : 360 pages
File Size : 43,8 Mb
Release : 2021-11-22
Category : Law
ISBN : 9780192608253

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Global Intellectual Property Protection and New Constitutionalism by Jonathan Griffiths,Tuomas Mylly Pdf

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.

Fault Lines of Globalization

Hans Lindahl
Fault Lines of Globalization Book PDF

Author : Hans Lindahl
Publisher : Oxford University Press
Page : 299 pages
File Size : 40,8 Mb
Release : 2013-09-26
Category : Law
ISBN : 9780199601684

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Fault Lines of Globalization by Hans Lindahl Pdf

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.

The Decisionist Imagination

Daniel Bessner,Nicolas Guilhot
The Decisionist Imagination Book PDF

Author : Daniel Bessner,Nicolas Guilhot
Publisher : Berghahn Books
Page : 320 pages
File Size : 51,9 Mb
Release : 2018-10-19
Category : History
ISBN : 9781785339165

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The Decisionist Imagination by Daniel Bessner,Nicolas Guilhot Pdf

In the decades following World War II, the science of decision-making moved from the periphery to the center of transatlantic thought. The Decisionist Imagination explores how “decisionism” emerged from its origins in prewar political theory to become an object of intense social scientific inquiry in the new intellectual and institutional landscapes of the postwar era. By bringing together scholars from a wide variety of disciplines, this volume illuminates how theories of decision shaped numerous techno-scientific aspects of modern governance—helping to explain, in short, how we arrived at where we are today.

The Legal Order

Santi Romano
The Legal Order Book PDF

Author : Santi Romano
Publisher : Routledge
Page : 297 pages
File Size : 51,6 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781351674386

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The Legal Order by Santi Romano Pdf

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.

Constitutional Imaginaries

Jiří Přibáň
Constitutional Imaginaries Book PDF

Author : Jiří Přibáň
Publisher : Routledge
Page : 176 pages
File Size : 44,7 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781000456097

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Constitutional Imaginaries by Jiří Přibáň Pdf

This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.

Title to Territory in International Law

Steve Allen,Joshua Castellino
Title to Territory in International Law Book PDF

Author : Steve Allen,Joshua Castellino
Publisher : Routledge
Page : 128 pages
File Size : 54,9 Mb
Release : 2018-01-31
Category : Electronic
ISBN : 1138742856

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Title to Territory in International Law by Steve Allen,Joshua Castellino Pdf

This title was first published in 2003. In seeking to foster preconditions for maintenance of order international law lays great emphasis on state sovereignty - guaranteeing states special protection against threats to their territorial integrity. However the demarcation of territory in most post-colonial states is extremely controversial since these physical dimensions were usually established during European colonial rule. The Roman doctrine of "uti possidetis" was called upon to add the thrust of legal sanctity and prevent challenge to boundaries bequeathed to the new ruler. By charting its progress through different temporal phases this book demonstrates that this doctrine evolved to suit political rather than legal tenets. The book is divided into seven chapters; the first two focusing on theoretical issues surrounding uti possidetis, examining its original development in Roman law. The next three chapters trace usage of the doctrine through Spanish decolonization, African colonisation and recent ICJ jurisprudence while the last two study modern manifestations of the effects of the doctrine in Yugoslavia and for indigenous peoples world-wide. A comprehensive and critical analysis of the Roman doctrine of uti possidetis, this book should prove an important resource for both students and scholars of international law.

Public Law and Politics

Emilios A. Christodoulidis,Stephen Tierney
Public Law and Politics Book PDF

Author : Emilios A. Christodoulidis,Stephen Tierney
Publisher : Ashgate Publishing, Ltd.
Page : 236 pages
File Size : 54,9 Mb
Release : 2008-01-01
Category : Law
ISBN : 0754673634

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Public Law and Politics by Emilios A. Christodoulidis,Stephen Tierney Pdf

In a critical engagement with the function of public law and constitutionalism in its political dimensions, this volume brings together the reflections of three leading constitutionalists: Martin Loughlin, James Tully and Frank Michelman. Comprising three critical commentaries on each, it addresses the multiple ways in which public law is implicated in the logic of rule.