The Legal Order

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The Legal Order

Santi Romano
The Legal Order Book PDF

Author : Santi Romano
Publisher : Routledge
Page : 297 pages
File Size : 43,7 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.

Law, Legal Culture and Society

Alberto Febbrajo
Law Legal Culture and Society Book PDF

Author : Alberto Febbrajo
Publisher : Taylor & Francis
Page : 204 pages
File Size : 51,5 Mb
Release : 2018-07-04
Category : Law
ISBN : 9781351040327

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Law, Legal Culture and Society by Alberto Febbrajo Pdf

This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.

On Tyranny and the Global Legal Order

Aoife O'Donoghue
On Tyranny and the Global Legal Order Book PDF

Author : Aoife O'Donoghue
Publisher : Cambridge University Press
Page : 224 pages
File Size : 49,5 Mb
Release : 2021-09-30
Category : Law
ISBN : 1108498841

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On Tyranny and the Global Legal Order by Aoife O'Donoghue Pdf

Since classical antiquity debates about tyranny, tyrannicide and preventing tyranny's re-emergence have permeated governance discourse. Yet within the literature on the global legal order, tyranny is missing. This book creates a taxonomy of tyranny and poses the question: could the global legal order be tyrannical? This taxonomy examines the benefits attached to tyrannical governance for the tyrant, considers how illegitimacy and fear establish tyranny, asks how rule by law, silence and beneficence aid in governing a tyranny. It outlines the modalities of tyranny: scale, imperialism, gender, and bureaucracy. Where it is determined that a tyranny exists, the book examines the extent of the right and duty to effect tyrannicide. As the global legal order gathers ever more power to itself, it becomes imperative to ask whether tyranny lurks at the global scale.

Transnational Legal Orders

Terence C. Halliday,Gregory Shaffer
Transnational Legal Orders Book PDF

Author : Terence C. Halliday,Gregory Shaffer
Publisher : Cambridge University Press
Page : 559 pages
File Size : 54,7 Mb
Release : 2015-01-19
Category : Law
ISBN : 9781107069923

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Transnational Legal Orders by Terence C. Halliday,Gregory Shaffer Pdf

"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

Braiding Legal Orders

John Borrows,Larry Chartrand,Oonagh E. Fitzgerald,Risa Schwartz
Braiding Legal Orders Book PDF

Author : John Borrows,Larry Chartrand,Oonagh E. Fitzgerald,Risa Schwartz
Publisher : McGill-Queen's Press - MQUP
Page : 256 pages
File Size : 41,6 Mb
Release : 2023-08-01
Category : Law
ISBN : 9781928096832

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Braiding Legal Orders by John Borrows,Larry Chartrand,Oonagh E. Fitzgerald,Risa Schwartz Pdf

Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives. Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as “a way forward” on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.

The International Legal Order: Current Needs and Possible Responses

James Crawford,Abdul Koroma,Said Mahmoudi,Alain Pellet
The International Legal Order Current Needs and Possible Responses Book PDF

Author : James Crawford,Abdul Koroma,Said Mahmoudi,Alain Pellet
Publisher : BRILL
Page : 843 pages
File Size : 47,5 Mb
Release : 2017-04-03
Category : Law
ISBN : 9789004314375

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The International Legal Order: Current Needs and Possible Responses by James Crawford,Abdul Koroma,Said Mahmoudi,Alain Pellet Pdf

This volume of essays addresses some of the most significant issues of contemporary international law. It particularly focuses on questions relating to international humanitarian law, the law of the sea, human rights, the use of force, international environmental law, and the settlement of international disputes. Recent developments in some other issues of international law such as State immunity and State responsibility are also dealt with. The Work contains a number of articles in French and is offered as a tribute to the prominent Iranian Professor of International Law, Djamchid Momtaz, on the occasion of his 75th birthday.

Critique of the Legal Order

Richard Quinney,Randall G. Shelden
Critique of the Legal Order Book PDF

Author : Richard Quinney,Randall G. Shelden
Publisher : Routledge
Page : 234 pages
File Size : 50,8 Mb
Release : 2018-02-06
Category : Social Science
ISBN : 9781351320344

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Critique of the Legal Order by Richard Quinney,Randall G. Shelden Pdf

Originally published thirty years ago, Critique of the Legal Order remains highly relevant for the twenty-first century. Here Richard Quinney provides a critical look at the legal order in capitalist society. Using a traditional Marxist perspective, he argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class. Quinney challenges modern criminologists to examine their own positions. As "ancillary agents of power," criminologists provide information that governing elites use to manipulate and control those who threaten the system. Quinney's original and thorough analysis of "crime control bureaucracies" and the class basis of such bureaucracies anticipates subsequent research and theorizing about the "crime control industry," a system that aims at social control of marginalized populations, rather than elimination of the social conditions that give rise to crime. He forcefully argues that technology applied to a "war against crime," together with academic scholarship, is used to help maintain social order to benefit a ruling class. Quinney also suggests alternatives. Anticipating the work of Noam Chomsky, he suggests we must first overcome a powerful media that provides a "general framework" that serves as the "boundary of expression." Chomsky calls this the manufacture of consent by providing necessary illusions. Quinney calls for a critical philosophy that enables us to transcend the current order and seek an egalitarian socialist order based upon true democratic principles. This core study for criminologists should interest those with a critical perspective on contemporary society.

Varieties of Legal Order

Thomas F. Burke,Jeb Barnes
Varieties of Legal Order Book PDF

Author : Thomas F. Burke,Jeb Barnes
Publisher : Routledge
Page : 358 pages
File Size : 54,7 Mb
Release : 2017-08-14
Category : Political Science
ISBN : 9781136211195

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Varieties of Legal Order by Thomas F. Burke,Jeb Barnes Pdf

Across the globe, law in all its variety is becoming more central to politics, public policy, and everyday life. For over four decades, Robert A. Kagan has been a leading scholar of the causes and consequences of the march of law that is characteristic of late 20th and early 21st century governance. In this volume, top sociolegal scholars use Kagan’s concepts and methods to examine the politics of litigation and regulation, both in the United States and around the world. Through studies of civil rights law, tobacco politics, “Eurolegalism,” Russian auto accidents, Australian coal mines, and California prisons, these scholars probe the politics of different forms of law, and the complex path by which “law on the books” shapes social life. Like Kagan’s scholarship, Varieties of Legal Order moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st century.

State Responsibility in the International Legal Order

Katja Creutz
State Responsibility in the International Legal Order Book PDF

Author : Katja Creutz
Publisher : Cambridge University Press
Page : 379 pages
File Size : 47,5 Mb
Release : 2020-09-24
Category : Law
ISBN : 9781108494298

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State Responsibility in the International Legal Order by Katja Creutz Pdf

The book analyzes State responsibility in international law from a holistic and critical perspective.

Anarchy and Legal Order

Gary Chartier
Anarchy and Legal Order Book PDF

Author : Gary Chartier
Publisher : Cambridge University Press
Page : 433 pages
File Size : 47,6 Mb
Release : 2013
Category : Law
ISBN : 9781107032286

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Anarchy and Legal Order by Gary Chartier Pdf

This book elaborates and defends law without the state. It explains why the state is illegitimate, dangerous and unnecessary.

The New Legal Order in Hong Kong

Raymond Wacks
The New Legal Order in Hong Kong Book PDF

Author : Raymond Wacks
Publisher : Unknown
Page : 0 pages
File Size : 47,7 Mb
Release : 1999
Category : Constitutional law
ISBN : 9622095089

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The New Legal Order in Hong Kong by Raymond Wacks Pdf

As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory u

The Fundamental Rules of the International Legal Order

Christian Tomuschat,Jean Marc Thouvenin
The Fundamental Rules of the International Legal Order Book PDF

Author : Christian Tomuschat,Jean Marc Thouvenin
Publisher : BRILL
Page : 483 pages
File Size : 50,6 Mb
Release : 2006
Category : Law
ISBN : 9789004149816

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The Fundamental Rules of the International Legal Order by Christian Tomuschat,Jean Marc Thouvenin Pdf

This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.

Islamic State as a Legal Order

Federico Lorenzo Ramaioli
Islamic State as a Legal Order Book PDF

Author : Federico Lorenzo Ramaioli
Publisher : Routledge
Page : 212 pages
File Size : 46,9 Mb
Release : 2022-04-04
Category : Law
ISBN : 9781000566574

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Islamic State as a Legal Order by Federico Lorenzo Ramaioli Pdf

This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.

The International Legal Order

Ingrid Detter Delupis
The International Legal Order Book PDF

Author : Ingrid Detter Delupis
Publisher : Dartmouth Publishing Company
Page : 622 pages
File Size : 55,6 Mb
Release : 1994
Category : International law
ISBN : STANFORD:36105060946204

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The International Legal Order by Ingrid Detter Delupis Pdf

This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.

The Degradation of the International Legal Order?

Bill Bowring
The Degradation of the International Legal Order Book PDF

Author : Bill Bowring
Publisher : Routledge
Page : 390 pages
File Size : 52,9 Mb
Release : 2008-02-19
Category : Law
ISBN : 9781135330903

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The Degradation of the International Legal Order? by Bill Bowring Pdf

Providing the basis for critical engagement with the pessimism of the contemporary age, The Degradation of the International Legal Order? argues passionately for a rehabilitation of the honour of historic events and processes, and of their role in generating legal concepts. Drawing primarily from the Marxian tradition, but also engaging with a range of contemporary work in critical theory and critical legal and human rights scholarship, this book analyses historical and recent international events and processes in order to challenge their orthodox interpretation. What is thus proposed is a new evaluation of international legal principles and human rights norms, the revolutionary content of which, it is argued, turns them from mere rhetoric into powerful weapons of struggle. Accessibly written, but theoretically sophisticated, this original and timely book is intended for critical teachers and students of international law, human rights, and international relations, as well as legal and political activists.