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Legal Pluralism As The Common Sense Of Transnational Capitalism
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Book Synopsis Legal Pluralism as the 'Common Sense' of Transnational Capitalism by : Claire Cutler
Download or read book Legal Pluralism as the 'Common Sense' of Transnational Capitalism written by Claire Cutler and published by . This book was released on 2013 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article analyzes the relationships between law, power, and contestation in the global political economy. Drawing upon critical theories of political economy, the analysis advances a radical critique of dominant understandings of the distinction between international and transnational law. It argues that transnational law operates dialectically as the "common sense" of contemporary global capitalism to subordinate national politico-legal orders and societies to the discipline of hard, enforceable corporate trade and investor rights, whilst limiting corporate social responsibilities to soft, voluntary and unenforceable standards. However, the study also suggests that these dialectical tensions are not hegemonic in nature or operation, but in fact give rise to openings for contestation and re-imagining capitalist legality as "good sense" through a praxis conception of transnational law.En este artículo se analiza la relación entre el derecho, el poder y la impugnación de la economía política global. Basándose en las teorías críticas de la economía política, el análisis avanza una crítica radical de la comprensión dominante de la distinción entre el derecho internacional y transnacional. En este trabajo se sostiene que el derecho transnacional opera dialécticamente como el "sentido común" del capitalismo global contemporáneo para subordinar las órdenes y sociedades político-jurídicos nacionales a la disciplina de los derechos del duro, exigible comercio libre y corporativo y a los derechos de los inversores, a la vez que limita la responsabilidad social corporativa a suaves, voluntarias e inaplicables normas. Sin embargo, el estudio también sugiere que estas tensiones dialécticas no son hegemónicas en la naturaleza o el funcionamiento, sino que de hecho dan lugar a impugnar y re-imaginar la legalidad capitalista como "sentido común" a través de una concepción de la praxis del derecho transnacional.
Book Synopsis Power and Pluralism in International Law by : Edward S. Cohen
Download or read book Power and Pluralism in International Law written by Edward S. Cohen and published by Routledge. This book was released on 2022-03-10 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.
Book Synopsis The Rule of Law by : Christopher May
Download or read book The Rule of Law written by Christopher May and published by Edward Elgar Publishing. This book was released on 2014-05-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: By building on and extending debates in socio-legal studies about the social role of law, and dealing with issues largely absent from international political economy this book will be of great interest to socio _ legal scholars and political economist&
Book Synopsis The Many Lives of Transnational Law by : Peer Zumbansen
Download or read book The Many Lives of Transnational Law written by Peer Zumbansen and published by Cambridge University Press. This book was released on 2020-04-02 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.
Book Synopsis The Politics of Private Transnational Governance by Contract by : A. Claire Cutler
Download or read book The Politics of Private Transnational Governance by Contract written by A. Claire Cutler and published by Routledge. This book was released on 2017-03-31 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.
Book Synopsis Susan Strange and the Future of Global Political Economy by : Randall Germain
Download or read book Susan Strange and the Future of Global Political Economy written by Randall Germain and published by Routledge. This book was released on 2016-04-28 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume addresses the 2007/2009 financial crisis as the occasion to engage critically with the corpus of Susan Strange’s work, in order to consider what changes (if any) this crisis portends for the structural organization of the global political economy. The contributors use Strange’s rich conceptual framework to explore the financial crisis and its aftermath, and reflect critically on the broader contributions which her work has made to the discipline of IPE. The volume makes three valuable contributions for scholars and students. First, it raises the profile of Susan Strange, a unique and powerful contributor to the field of IPE whose ideas matter to our current circumstance and can provide deep and enduring insights into important questions and issues. Secondly, each contributor to this volume combines her work and ideas with that of other traditions or individual theorists in ways that extend and/or deepen Strange’s own efforts. Finally, this volume leaves us with a judicious optimism about the future of both IPE and the world as it actually is, on the ground. This book will be of interest to scholars and students who are interested in the dynamics shaping contemporary and future developments in the global political economy, as well as those who are interested in the theoretical debates about how to study IPE.
Book Synopsis Contested Regime Collisions by : Kerstin Blome
Download or read book Contested Regime Collisions written by Kerstin Blome and published by Cambridge University Press. This book was released on 2016-04-21 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of regime collisions in international law combines theoretical contributions by leading scholars in the field with case studies.
Book Synopsis Toward a New Legal Common Sense by : Boaventura de Sousa Santos
Download or read book Toward a New Legal Common Sense written by Boaventura de Sousa Santos and published by Cambridge University Press. This book was released on 2020-10-01 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paradigmatic transition is the idea that ours is a time of transition between the paradigm of modernity, which seems to have exhausted its regenerating capacities, and another, emergent time, of which so far we have seen only signs. Modernity as an ambitious and revolutionary sociocultural paradigm based on a dynamic tension between social regulation and social emancipation, the prevalent dynamic in the sixteenth century, has by the twenty-first century tilted in favour of regulation, to the determent of emancipation. The collapse of emancipation into regulation, and hence the impossibility of thinking about social emancipation consistently, symbolizes the exhaustion of the paradigm of modernity. At the same time, it signals the emergence of a new paradigm or new paradigms. This updated 2020 edition is written for students taking law and globalization courses, and political science, philosophy and sociology students doing optional subjects.
Book Synopsis James Tully by : Alexander Livingston
Download or read book James Tully written by Alexander Livingston and published by Taylor & Francis. This book was released on 2022-05-30 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Tully’s scholarship has profoundly transformed the study of political thought by reconstructing the practice of political theory as a democratising and diversifying dialogue between scholars and citizens. Across his writings on topics ranging from the historical origins of property, constitutionalism in diverse societies, imperialism and globalisation, and global citizenship in an era of climate crisis, Tully has developed a participatory mode of political theorising and political change called public philosophy. This practice-oriented approach to political thought and its active role in the struggles of citizens has posed fundamental challenges to modern political thought and launched new lines of inquiry in the study of constitutionalism, democracy and citizenship, settler colonialism, comparative political theory, nonviolence, and ecological sustainability. James Tully: To Think and Act Differently collects classic, contemporary, and previously unpublished writings from across Tully’s four decades of scholarship to shed new light on these dialogues of reciprocal elucidation with citizens, scholars, and the history of political thought, and the ways Tully has enlarged our understanding of democracy, diversity, and the task of political theory.
Book Synopsis Global Legal Pluralism by : Paul Schiff Berman
Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen
Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2022-03-24 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a fresh, contextualised and sophisticated perspective on comparative law for both students and scholars.
Book Synopsis The Many Lives of Transnational Law by : Peer Zumbansen
Download or read book The Many Lives of Transnational Law written by Peer Zumbansen and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "In 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many Nation States. In searching for suitable answers to pressing legal problems such as climate change law, security, poverty and inequality, questions of representation, enforcement, accountability and legitimacy become newly entangled. As public and private, domestic and international actors compete for regulatory authority, spaces for political legitimacy have become fragmented and the state's exclusivist claim to be law's harbinger and place of origin under attack. Against this background, transnational law emerges as a conceptual framework and method laboratory for a critical reflection on the forms, fora and processes of law making and law contestation today"--
Book Synopsis International Theory by : Steve Smith
Download or read book International Theory written by Steve Smith and published by Cambridge University Press. This book was released on 1996-06-13 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a major review of the state of international theory. It is focused around the issue of whether the positivist phase of international theory is now over, or whether the subject remains mainly positivistic. Leading scholars analyse the traditional theoretical approaches in the discipline, then examine the issues and groups which are marginalised by mainstream theory, before turning to four important new developments in international theory (historical sociology, post-structuralism, feminism, and critical theory). The book concludes with five chapters which look at the future of the subject and the practice of international relations. This survey brings together key figures who have made leading contributions to the development of mainstream and alternative theory, and will be a valuable text for both students and scholars of international relations.
Book Synopsis Handbook of Intellectual Property Research by : Irene Calboli
Download or read book Handbook of Intellectual Property Research written by Irene Calboli and published by Oxford University Press. This book was released on 2021 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys." --
Book Synopsis The Palgrave Handbook of Indicators in Global Governance by : Debora Valentina Malito
Download or read book The Palgrave Handbook of Indicators in Global Governance written by Debora Valentina Malito and published by Springer. This book was released on 2017-11-27 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together both academic and institutional perspectives to examine the production, use and contestation of indicators in global governance. It provides a unique and comprehensive guide to the latest research in the study of indicators and their use in global governance and policy making. The editors provide a guide to the recent vast body of literature and practice on measuring governance and measurement as governance at the global level, and present a state-of-the-art analysis of social science research on indicators at both the transnational and the global level. The Handbook brings together scholars from a variety of disciplines and perspectives, as well as policy-makers from international organisations and non-government organisations working in the field. This volume will be a valuable resource for students and academics in the fields of public policy, administration and management, international relations, political science, law, and globalisation, as well as policy makers and practitioners.
Book Synopsis Global Corporations in Global Governance by : Christopher May
Download or read book Global Corporations in Global Governance written by Christopher May and published by Routledge. This book was released on 2015-03-24 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a concise and accessible overview and analysis of the place of large multinational and regional corporations in the political economy of global governance.May argues that not only do corporations have an impact on the institutions of global governance, but they must be understood as a multifaceted institution of global governance in their own right, controlling and shaping significant aspects of the global political economy. Topics include: What are global corporations? Corporations and global governance The legal personality of the corporation Corporations and power Corporations and tax The future role of corporations in a post crisis global system Highlighting the central role of corporations in the generation and reproduction of norms in global governance, this work shows that corporations’ practices and relations are themselves both subjects, and sources of, global governance. It offers an enhanced understanding of the complex of issues that pattern the corporate global governance in the contemporary political economy and will be of interest to students in areas including IPE, global governance and international organizations.
