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Legal Positivism In A Global And Transnational Age
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Book Synopsis Legal Positivism in a Global and Transnational Age by : Luca Siliquini-Cinelli
Download or read book Legal Positivism in a Global and Transnational Age written by Luca Siliquini-Cinelli and published by Springer Nature. This book was released on 2019-08-30 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Legal Positivism in a Post-Modern World by : Jörg Kammerhofer
Download or read book International Legal Positivism in a Post-Modern World written by Jörg Kammerhofer and published by Cambridge University Press. This book was released on 2014-10-06 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of international law and the critique of positivism undermined the positivist project and its narratives? Do modern forms of positivism, inspired largely by the theoretically sophisticated jurisprudential concepts associated with Hans Kelsen and H. L. A. Hart, remain of any relevance for the international lawyer in this 'post-modern' age? The authors provide a wide variety of views and a stimulating debate about this family of approaches.
Author :International Association for Philosophy of Law and Social Philosophy. World Congress Publisher :Franz Steiner Verlag ISBN 13 :9783515085137 Total Pages :188 pages Book Rating :4.0/5 (851 download)
Book Synopsis Law, Morality, and Legal Positivism by : International Association for Philosophy of Law and Social Philosophy. World Congress
Download or read book Law, Morality, and Legal Positivism written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2004 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents P. Capps: Positivism in Law and International Law D. von Daniels: Is Positivism a State Centered Theory? K. E. Himma: Legal Positivism's Conventionality Thesis and the Methodology of Conceptual Analysis R. Nunan: A Modest Rehabilitation of the Separability Thesis A. Oladosu: Choosing Legal Theory on Cultural Grounds: An African Case for Legal Positivism C. Orrego: Hart's Last Legal Positivism: Morality Might Be Objective; Legality Certainly is Not M. Pavcnik: Die (Un)Produktivitat der Positivistischen Jurisprudenz M. Haase: The Hegelianism in Kelsen's Pure Theory of Law S. Papaefthymiou: The House Kelsen Built U. J. Pak: Legal Practitioners' Need of Reflective Application of Legal Philosophy in Korea U. Schmill: Jurisprudence and the Concept of Revolution D. Venema: Judicial Discretion: a Necessary Evil? J. Baker: Rights, Obligations, and Duties, and the Intersection of Law, Conventions and Morals S. Bertea: Legal Systems' Claim to Normativity and the Concept of Law J. Dalberg-Larsen: On the Relevance of Habermas and Theories of Legal Pluralism for the Study of Environmental Law A. Philippopoulos-Mihalopoulos: A Connection of No-Connection in Luhmann and Derrida.
Book Synopsis Legal Positivism by : Tom D. Campbell
Download or read book Legal Positivism written by Tom D. Campbell and published by Routledge. This book was released on 2016-12-05 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite persistent criticism from a variety of different perspectives including natural law, legal realism and socio-legal studies, legal positivism remains as an enduring theory of law. The essays contained in this volume represent the most balanced responses toward legal positivism and although largely sympathetic, the essays do not fail to criticize elements of the tradition wherever appropriate.
Download or read book State Law and Legal Positivism written by and published by BRILL. This book was released on 2021-12-13 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: There was a truly global revolution that reflected a Great Divide between ancient and new legal regimes. The volume emphasizes its depth and scale and explores the phenomenon in the contexts of Morocco, Egypt, India, the Ottoman empire, China, and Japan.
Book Synopsis The Project of Positivism in International Law by : Mónica García-Salmones Rovira
Download or read book The Project of Positivism in International Law written by Mónica García-Salmones Rovira and published by OUP Oxford. This book was released on 2013-11-28 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: International legal positivism has been crucial to the development of international law since the nineteenth century. It is often seen as the basis of mainstream or traditional international legal thought. The Project of Positivism in International Law addresses this theory in the long-standing tradition of critical intellectual histories of international law. It provides a nuanced analysis of the resilience of the economic-positivist theory, and shows how influential its role was in shaping the modern frameworks of international law. The book argues that the rise of positivist international law was inseparable from philosophical developments placing the notion of conflict of interests at the centre of collective life. Where previously international thought was dominated by notions of the right, the just, and the good, increasingly international relations became viewed as 'interests' in need of harmonisation. In this context, international law was re-founded as the universal law that could harmonise the interests of both public and private international entities. The book argues that these evolutions in philosophical thought were bound up with the consolidation of capitalism, and with the ideas about human existence and human nature which emerged in that process. It provides an innovative analysis of the selected biography of ideas which it presents, including a detailed focus on the work of Hans Kelsen, one of the leading positivist thinkers of the twentieth century. It also argues that the work of Lassa Oppenheim should be included within this analysis, as providing some of the key founding texts of positivism in international law. This book will be a fascinating read for scholars and students of international legal theory, historians of ideas, and legal philosophers.
Book Synopsis Scientia Iuris by : Luca Siliquini-Cinelli
Download or read book Scientia Iuris written by Luca Siliquini-Cinelli and published by Springer Nature. This book was released on with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Globalisation and Legal Theory by : William Twining
Download or read book Globalisation and Legal Theory written by William Twining and published by Cambridge University Press. This book was released on 2000-03 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The text makes the case for a revival of general jurisprudence in response to globalisation.
Book Synopsis Cosmopolitanism, State Sovereignty and International Law and Politics by : Jorge E. Núñez
Download or read book Cosmopolitanism, State Sovereignty and International Law and Politics written by Jorge E. Núñez and published by Taylor & Francis. This book was released on 2023-08-25 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the relationship between cosmopolitanism and sovereignty. Often considered to be incompatible, it is argued here that the two concepts are in many ways interrelated and to some extent rely on one another. By introducing a novel theory, the work presents a detailed philosophical analysis to illustrate how these notions might theoretically and practically work together. This theoretical inquiry is balanced with detailed empirical discussion highlighting how the concepts are related in practice and to expose the weaknesses of stricter interpretations of sovereignty which present it as exclusionary. Finally, the book looks at territorial disputes to explore how sovereignty and cosmopolitanism can successfully operate together to deal with global issues. The work will be of interest to academics and researchers in the areas of Legal Philosophy, Legal Theory and Jurisprudence, Public International Law, International Relations and Political Science.
Book Synopsis Vienna Lectures on Legal Philosophy, Volume 1 by : Christoph Bezemek
Download or read book Vienna Lectures on Legal Philosophy, Volume 1 written by Christoph Bezemek and published by Bloomsbury Publishing. This book was released on 2018-06-14 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a 'postnational constellation' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.
Book Synopsis International Law and Peace Settlements by : Marc Weller
Download or read book International Law and Peace Settlements written by Marc Weller and published by Cambridge University Press. This book was released on 2021-02-04 with total page 1232 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law and Peace Settlements provides a systematic and comprehensive assessment of the relationship between international law and peace settlement practice across core settlement issues, e.g. transitional justice, human rights, refugees, self-determination, power-sharing, and wealth-sharing. The contributions address key cross-cutting questions on the legal status of peace agreements, the potential for developing international law, and the role of key actors – such as non-state armed groups, third-state witnesses and guarantors, and the UN Security Council – in the legalisation and internationalisation of settlement commitments. In recent years, significant scholarly work has examined facets of the relationship between international law and peace settlements, through concepts such as jus post bellum and lex pacificatoria. International Law and Peace Settlements drives forward the debate on the legalisation and internationalisation of peace agreements with diverse contributions from leading academics and practitioners in international law and conflict resolution.
Book Synopsis International Law and Universality by :
Download or read book International Law and Universality written by and published by Oxford University Press. This book was released on 2024-04-04 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions. This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.
Book Synopsis After Meaning by : d’Aspremont, Jean
Download or read book After Meaning written by d’Aspremont, Jean and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse.
Book Synopsis Territorial Disputes and State Sovereignty by : Jorge E. Núñez
Download or read book Territorial Disputes and State Sovereignty written by Jorge E. Núñez and published by Routledge. This book was released on 2020-05-11 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.
Book Synopsis Entangled Legalities Beyond the State by : Nico Krisch
Download or read book Entangled Legalities Beyond the State written by Nico Krisch and published by Cambridge University Press. This book was released on 2021-11-11 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is usually understood as an orderly, coherent system, but this volume shows that it is often better understood as an entangled web. Bringing together eminent contributors from law, political science, sociology, anthropology, history and political theory, it also suggests that entanglement has been characteristic of law for much of its history. The book shifts the focus to the ways in which actors create connections and distance between different legalities in domestic, transnational and international law. It examines a wide range of issue areas, from the relationship of state and indigenous orders to the regulation of global financial markets, from corporate social responsibility to struggles over human rights. The book uses these empirical insights to inform new theoretical approaches to law, and by placing the entanglements between norms from different origins at the centre of the study of law, it opens up new avenues for future legal research. This title is also available as Open Access.
Book Synopsis Beyond Classical Liberalism by : James Dominic Rooney
Download or read book Beyond Classical Liberalism written by James Dominic Rooney and published by Taylor & Francis. This book was released on 2024-02-13 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together diverse sets of standpoints on liberalism in an era of growing skepticism and distrust regarding liberal institutions. The essays in the volume: • Relate concerns for liberal institutions with classical themes in perfectionist politics, such as the priority of the common good in decision-making or the role of comprehensive doctrines. • Analyse how perfectionist intuitions about the political life affect our concepts of public reason or public justification. • Outline various moral duties we have toward other persons that underlie the liberal institutions or notions of rights functioning across the contemporary political landscape. • Explore various aspects of pluralism from within influential religious or philosophical traditions, applying insights from those traditions to issues in contemporary politics. The comprehensive volume will be of great interest to scholars, students, and researchers of politics, especially those in political philosophy and political theory.
Book Synopsis Negative Comparative Law by : Pierre Legrand
Download or read book Negative Comparative Law written by Pierre Legrand and published by Cambridge University Press. This book was released on 2022-06-09 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negative Comparative Law presents a critical manifesto for a radically alternative approach to the theory and practice of comparative law. Harnessing insights from a range of disciplinary discourses, this book advocates for comparative law's rejection of its dominant epistemology and the investigation of the study of foreignness anew.
