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Ordering Pluralism
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Book Synopsis Ordering Pluralism by : Mireille Delmas-Marty
Download or read book Ordering Pluralism written by Mireille Delmas-Marty and published by Bloomsbury Publishing. This book was released on 2009-08-25 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty's 'journey through the legal landscape' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly fragmented by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law? Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values. 'The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.' From the foreword, Stephen Breyer, Washington, DC
Book Synopsis Ordering Pluralism by : Mireille Delmas-Marty
Download or read book Ordering Pluralism written by Mireille Delmas-Marty and published by . This book was released on 2009 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the traditional legal culture, the expression of "ordering pluralism" is rather unusual. Pluralism implies differences, dispersion and fragmentation, whereas "legal order" leads us to think in terms of a unified structure. From this perspective, a legal order is necessarily unified, hierarchical and almost static. But our legal history has changed and we must rise to the challenge of changing our minds. The world is not static but interactive and rapidly evolving. In Europe, a supranational legal order was established after the end of World War II. In the whole world, the end of Cold War accelerated the so-called globalisation of law. In this new global world, we have to observe the different processes used for ordering pluralism by integrating the plural without reducing it to the identical. Using "ordering", rather than "ordered" pluralism, because it is a way to stress the processes of integration rather than the results, the movement rather than the model. Looking at these processes, we will identify different degrees of integration, different levels in space, and different speeds in time to analyse the possible answers to a series of questions: How? Where? When? And finally, what will the future world order look like? As the states become more and more interdependent, a radical conception of sovereignty seems to pave the way to the great legal disorder; but an absolute universalism may produce the risk of unifying and freezing the world order in a hegemonic way. If we refuse both extremes, we have no choice but to try to reconcile diversity and unity in "ordering pluralism" by imagining a pluralist model.--
Book Synopsis Governing Refugees by : Kirsten McConnachie
Download or read book Governing Refugees written by Kirsten McConnachie and published by Routledge. This book was released on 2014-04-24 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Refugee camps are imbued in the public imagination with assumptions of anarchy, danger and refugee passivity. Governing Refugees: Justice, Order and Legal Pluralism challenges such assumptions, arguing that refugee camps should be recognized as spaces where social capital can not only survive, but thrive. This book examines camp management and the administration of justice in refugee camps on the Thailand-Burma border. Emphasising the work of refugees themselves in coping with and adapting to encampment, it considers themes of agency, sovereignty and legal pluralism in an analysis of local governance and the production of order beyond the state. Governing Refugees will appeal to anyone with relevant interests in law, anthropology and criminology, as well as those working in the area of refugee studies.
Book Synopsis The Morality of Pluralism by : John Kekes
Download or read book The Morality of Pluralism written by John Kekes and published by Princeton University Press. This book was released on 1996-03-04 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controversies about abortion, the environment, pornography, AIDS, and similar issues naturally lead to the question of whether there are any values that can be ultimately justified, or whether values are simply conventional. John Kekes argues that the present moral and political uncertainties are due to a deep change in our society from a dogmatic to a pluralistic view of values. Dogmatism is committed to there being only one justifiable system of values. Pluralism recognizes many such systems, and yet it avoids a chaotic relativism according to which all values are in the end arbitrary. Maintaining that good lives must be reasonable, but denying that they must conform to one true pattern, Kekes develops and justifies a pluralistic account of good lives and values, and works out its political, moral, and personal implications.
Book Synopsis Blessed Rage for Order by : David Tracy
Download or read book Blessed Rage for Order written by David Tracy and published by University of Chicago Press. This book was released on 1996-03 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Blessed Rage for Order, David Tracy examines the cultural context in which theological pluralism emerged. Analyzing orthodox, liberal, neo-orthodox, and radical models of theology, Tracy formulates a new 'revisionist' model. He considers which methods promise the most certain results for a revisionist theology and applies his model to the principal questions in contemporary theology, including the meanings of religion, theism, and of christology.
Book Synopsis Confident Pluralism by : John D. Inazu
Download or read book Confident Pluralism written by John D. Inazu and published by University of Chicago Press. This book was released on 2018-08-03 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the three years since Donald Trump first announced his plans to run for president, the United States seems to become more dramatically polarized and divided with each passing month. There are seemingly irresolvable differences in the beliefs, values, and identities of citizens across the country that too often play out in our legal system in clashes on a range of topics such as the tensions between law enforcement and minority communities. How can we possibly argue for civic aspirations like tolerance, humility, and patience in our current moment? In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—strive to live together peaceably despite our deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties and differing viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but also lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion. With a new preface that addresses the election of Donald Trump, the decline in civic discourse after the election, the Nazi march in Charlottesville, and more, this new edition of Confident Pluralism is an essential clarion call during one of the most troubled times in US history. Inazu argues for institutions that can work to bring people together as well as political institutions that will defend the unprotected. Confident Pluralism offers a refreshing argument for how the legal system can protect peoples’ personal beliefs and differences and provides a path forward to a healthier future of tolerance, humility, and patience.
Book Synopsis Research Handbook on Legal Pluralism and EU Law by : Gareth Davies
Download or read book Research Handbook on Legal Pluralism and EU Law written by Gareth Davies and published by Edward Elgar Publishing. This book was released on 2018 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.
Book Synopsis Encountering Religious Pluralism by : Harold Netland
Download or read book Encountering Religious Pluralism written by Harold Netland and published by InterVarsity Press. This book was released on 2001-08-14 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harold Netland traces the emergence of the pluralistic ethos that challenges Christian faith and mission, interacting heavily with philosopher John Hick and providing a framework for developing a comprehensive evangelical theology of religions.
Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Book Synopsis Paradigms of Social Order by : Sergio Dellavalle
Download or read book Paradigms of Social Order written by Sergio Dellavalle and published by Springer Nature. This book was released on 2021-05-27 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: No social life is possible without order. Order being the most constituent element of society, it is not surprising that so many theories have been developed to explain what social order is and how it is possible, as well as to explore the features that social order acquires in its different dimensions. The book leads these many theories of social order back to a few main matrices for the use of theoretical and practical reason, which are defined as 'paradigms of order'. The plurality of conceptual constructs regarding social order is therefore reduced to a manageable number of theoretical patterns and an intellectual map is produced in which the most significant differences between paradigms are clearly outlined. Furthermore, the 'paradigmatic revolutions' are addressed that marked the most relevant turning points in the way in which a 'well-ordered society' should be understood. Against this background, the question is discussed on the theoretical and practical perspectives for a cosmopolitan society as the only suitable possibility to meet the global challenges with which we are all presently confronted.
Book Synopsis Pluralism, Transnationalism and Culture in Asian Law by : Gary F Bell
Download or read book Pluralism, Transnationalism and Culture in Asian Law written by Gary F Bell and published by ISEAS-Yusof Ishak Institute. This book was released on 2017-06-12 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: “We owe much of our knowledge of legal diversity in Asia to the work of Barry Hooker, who appears early on to have appreciated its intrinsic interest and potentially global significance. His work in the field is, as the French say, incontournable; a nice combination of the unavoidable, the controlling and the greatly respected.” — H.P. Glenn span, SPAN { background-color:inherit; text-decoration:inherit; white-space:pre-wrap } To honour this great scholar, this book gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker’s scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.
Book Synopsis The Quest for Meaning by : Tariq Ramadan
Download or read book The Quest for Meaning written by Tariq Ramadan and published by Penguin UK. This book was released on 2010-08-05 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Quest for Meaning, Tariq Ramadan, philosopher and Islamic scholar, invites the reader to join him on a journey to the deep ocean of religious, secular, and indigenous spiritual traditions to explore the most pressing contemporary issues. Along the way, Ramadan interrogates the concepts that frame current debates including: faith and reason, emotions and spirituality, tradition and modernity, freedom, equality, universality, and civilization. He acknowledges the greatest flashpoints and attempts to bridge divergent paths to a common ground between these religious and intellectual traditions. He calls urgently for a deep and meaningful dialogue that leads us to go beyond tolerant co-existence to mutual respect and enrichment. Written in a both direct and meditative style this is an important, timely and intelligent book that aims to direct and shape debate around the most important questions of our time.
Book Synopsis Legal Pluralism in European Contract Law by : Vanessa Mak
Download or read book Legal Pluralism in European Contract Law written by Vanessa Mak and published by Oxford University Press. This book was released on 2020-09-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relevance of contracting and self-regulation in consumer markets has increased rapidly in recent years, in particular in the platform economy. Online platforms provide opportunities for businesses and consumers to connect with strangers, often across borders, trading products, and services. In this new economy, platform operators create, apply and enforce their own rules in their contractual relationships with users. This book examines the substance of these rules and the space for private governance beyond the reach of state regulation. Vanessa Mak explores recent developments in lawmaking 'beyond the state' with case studies focusing on companies such as Airbnb and Amazon. The book asks how common values and objectives of EU law, such as consumer protection and contractual fairness, can be safeguarded when lawmaking shifts to a space outside the reach of state law.
Book Synopsis Legal Pluralism Explained by : Brian Z. Tamanaha
Download or read book Legal Pluralism Explained written by Brian Z. Tamanaha and published by Oxford University Press, USA. This book was released on 2021 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Throughout the medieval period law was seen as the product of social groups and associations that formed legal orders, as Max Weber elaborates, "either constituted in its membership by such objective characteristics of birth, political, ethnic, or religious denomination, mode of life or occupation, or arose through the process of explicit fraternization." During the second half of the Middle Ages, roughly the tenth through fifteenth centuries, there were "several distinct types of law, sometimes competing, occasionally overlapping, invariably invoking different traditions, jurisdictions and modes of operation." Types of law included imperial and royal edicts and statutes, canon law, unwritten customary law of tribes and localities, written Germanic law, residual Roman law, municipal statutes, the law of merchants and of guilds, and in England the common law, on the continent the Roman law of jurists after the twelfth century revival of the Justinian Code. The types of courts included various imperial and royal courts, ecclesiastical courts, manorial or seigniorial courts, village courts, municipal courts in cities, merchant courts, and guild courts. Serving as judges in these courts, respectively, were kings or their appointees, Bishops and abbots, barons or lords of the manor or their appointees, local lay leaders, leading burghers, merchants, and members of the guild. These various positions were not wholly separate-many high government officials were in religious orders, while Churches held landed estates that came with local judicial responsibilities. "Bishops, abbots and prioresses, as lords of temporal possessions, controlled manorial or honorial courts at which they sometimes, though not generally, presided in person, exercising responsibility for criminal and customary law." "The result was the existence of numerous law communities," Weber wrote, "the autonomous jurisdictions of which overlapped, the compulsory, political association being only one such autonomous jurisdiction in so far as it existed at all." Jurisdictional rules for judicial tribunals and the laws to be applied related to the persons involved and the subject matter at issue. The personality principle linked law to a person's community or association, and under feudalism property ownership came wrapped together with the right to judge those tied to the property. "Demarcation disputes between these laws and courts were numerous." Jurisdictional conflicts arose especially in relation to ecclesiastical courts, which claimed broad jurisdiction over personal status laws (marriage, divorce, inheritance) and moral crimes, as well as church property and personnel, matters which regularly overlapped with the jurisdiction of other courts. Furthermore, different bodies of law could be applicable in a given court in a given case. "It was common to find many different codes of customary law in force in the same kingdom, town or village, even in the same house, if the ninth century bishop Agobard of Lyons is to be believed when he says, 'It often happened that five mem were present or sitting together, and not one of them had the same law as another.'" In long settled areas, the personal law of communities became local customary law. People living within cities were subject to municipal statutes and customary law on certain matters (penal law, procedural), and the community law to which they were attached"--
Book Synopsis Beyond Constitutionalism by : Nico Krisch
Download or read book Beyond Constitutionalism written by Nico Krisch and published by Oxford University Press, USA. This book was released on 2010-10-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Book Synopsis Humean Moral Pluralism by : Michael B. Gill
Download or read book Humean Moral Pluralism written by Michael B. Gill and published by OUP Oxford. This book was released on 2014-06-12 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael B. Gill offers an original account of Humean moral pluralism. Moral pluralism is the view that there are different ultimate moral reasons for action, that those different reasons can sometimes come into conflict with each other, and that there exist no invariable ordering principles that tell us how to resolve such conflicts. If moral pluralism is true, we will at times have to act on moral decisions for which we can give no fully principled justification. Humeanism is the view that our moral judgments are based on our sentiments, that reason alone could not have given rise to our moral judgments, and that there are no mind-independent moral properties for our moral judgments to track. In this book, Gill shows that the combination of these two views produces a more accurate account of our moral experiences than the monistic, rationalist, and non-naturalist alternatives. He elucidates the historical origins of the Humean pluralist position in the works of David Hume, Adam Smith, and their eighteenth century contemporaries, and explains how recent work in moral psychology has advanced this position. And he argues for the position's superiority to the non-naturalist pluralism of W. D. Ross and the monism of Kantianism and consequentialism. The pluralist account of the content of morality has been traditionally perceived as belonging with non-naturalist intuitionism. The Humean sentimentalist account of morality has been traditionally perceived as not belonging with any view of morality's content at all. Humean Moral Pluralism explodes both those perceptions. It shows that pluralism and Humeanism belong together, and that they make a philosophically powerful couple.
Book Synopsis Pluralism in Philosophy by : John Kekes
Download or read book Pluralism in Philosophy written by John Kekes and published by Cornell University Press. This book was released on 2018-10-18 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This original and ambitious book aims to change how we think about good lives. The perennial debates about good lives—the disagreements caused by conflicts between scientific, religious, moral, historical, aesthetic, and subjective modes of reflection—typically end in an impasse. This leaves the underlying problems of the meaning of life, the possibility of free action, the place of morality in good lives, the art of life, and human self-understanding as intractable as they have ever been.The way out of this impasse, argues Kekes, is to abandon the assumption shared by the contending parties that the solutions of these problems can be rational only if they apply universally to all lives in all contexts. He believes that solutions may vary with lives and contexts and still be rational. Kekes defends a pluralistic alternative to absolutism and relativism that will, he holds, take philosophy in a new and more productive direction.
