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Theories Et Emergence Du Droit
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Book Synopsis A Landscape of Contemporary Theories of International Law by : Emmanuel Roucounas
Download or read book A Landscape of Contemporary Theories of International Law written by Emmanuel Roucounas and published by BRILL. This book was released on 2019-09-16 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and examines how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.
Book Synopsis Toward a Theory of Governance by : Jacques Lenoble
Download or read book Toward a Theory of Governance written by Jacques Lenoble and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a century Western democracies have struggled to keep faith with both economic efficiency and social justice. Yet reconciliation of these factors remains as baffling as ever. Among the many voices clamoring today for a theory of collective action, we hear most often of the great chasm between ?legitimacy? and ?efficiency?. It is the contention of the authors of this ground-breaking book that these antinomies can be seen as distinct ?moments of application? in the operation of normative judgement, and that a reflexive treatment of norms of collective action, by clarifying limitations in rules and beliefs, allows us to develop mechanisms to correct the limiting effects of such judgements and act accordingly. Drawing on and developing recent trends in the social sciences, The Action of Norms presents a powerful new theory of governance with far-reaching implications for the future of law, the judiciary, and justice itself. Among the contributing modern ideas that are explained and developed as pillars of the authors? thesis are the following: critiques of the ?political theory of interest groups?; the economic theory of efficiency; deliberative democracy; rational choice theory; the evolutionist debate; learning process theory; and the theory of risk. Lenoble and Maesschalck achieve a remarkable synthesis of relevant thought about forms of social organization?from Kant and Fichte through Hayek, Rawls, and Habermas to current theory?and place it at the service of a new and effective theory of the norm that promises to greatly elucidate the role of law and legal practice in the continuing development of democratic institutions.
Book Synopsis Acoustic Jurisprudence by : James E K Parker
Download or read book Acoustic Jurisprudence written by James E K Parker and published by Oxford University Press. This book was released on 2015-10-29 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between September 2006 and December 2008, Simon Bikindi stood trial at the International Criminal Tribunal for Rwanda, accused of inciting genocide with his songs. In the early 1990s, Bikindi had been one of Rwanda's most well-known and popular figures - the country's minister for culture and its most famous and respected singer. But by the end of 1994, his songs had quite literally soundtracked a genocide. Acoustic Jurisprudence is the first detailed study of the trial that followed. It is also the first work of contemporary legal scholarship to address the many relations between law and sound, which are of much broader importance but which this trial very conspicuously raises. One half of the book addresses the Tribunal's 'sonic imagination'. How did the Tribunal conceive of Bikindi's songs for the purposes of judgment? How did it understand the role of radio and other media in their transmission? And with what consequences for Bikindi? The other half of the book is addressed to how such concerns played out in court. Bikindi's was a 'musical trial', as one judge pithily observed. Audio and audio-visual recordings of his songs were played regularly throughout. Witnesses, including Bikindi himself, frequently sang, both of their own accord and at the request of the Tribunal. Indeed, Bikindi even sang his final statement. All the while, judges, barristers, and witnesses alike spoke into microphones and listened through headphones. As a result, the Bikindi case offers an ideal opportunity to explore what this book calls the 'judicial soundscape'. Through the lens of the Bikindi trial, the book's most important innovation is to open up the field of sound to jurisprudential inquiry. Ultimately, it is an argument for a specifically acoustic jurisprudence.
Book Synopsis The Theory, Practice and Interpretation of Customary International Law by : Panos Merkouris
Download or read book The Theory, Practice and Interpretation of Customary International Law written by Panos Merkouris and published by Cambridge University Press. This book was released on 2022-05-26 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Book Synopsis The Conditions of Diversity in Multinational Democracies by : Institute for Research on Public Policy
Download or read book The Conditions of Diversity in Multinational Democracies written by Institute for Research on Public Policy and published by IRPP. This book was released on 2003 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Conditions of Diversity in Multinational Democracies studies the many dimensions of diversity in multinational settings. The contributions, from leading experts from Spain, the United Kingdom, Germany, and Canada, consider the theoretical, institutional, and legal conditions for the development of nations that exist within the boundaries of larger political institutions. They examine how various political regimes manage multiple demands for recognition and how their respective approaches toward diversity affect the stability of the state. Contributors include Alain-G. Gagnon, Montserrat Guibernau, Michael Keating, Peter A. Kraus, André Lecours, John Loughlin, Roderick A. Macdonald, Jocelyn Maclure, David McCrone, Kenneth McRoberts, Luis Moreno, François Rocher, Michel Seymour, Stephen Tierney, and Nadia Verrelli.
Book Synopsis Theory and Politics of the Law of Nations by : Tetsuya Toyoda
Download or read book Theory and Politics of the Law of Nations written by Tetsuya Toyoda and published by Martinus Nijhoff Publishers. This book was released on 2011-09-23 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emergence of the modern science of international law is usually attributed to Grotius and other somewhat heroic ‘founders of international law.’ This book offers a more worldly explanation why it was developed mostly by German writers in the seventeenth and eighteenth centuries.
Book Synopsis Popular Culture and Legal Pluralism by : Wendy A Adams
Download or read book Popular Culture and Legal Pluralism written by Wendy A Adams and published by Routledge. This book was released on 2016-06-17 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse. The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actually be instances of a re-imagined, alternative legality, and the concomitant implications. As an illustrative example, works of critical dystopia and the beliefs and behaviours of eco/animal-terrorists can be understood as shared narrative and normative commitments that constitute law just as fully as does the state when it legislates and adjudicates. This book will be of great interest to academics and scholars of law and popular culture, as well as those involved in interdisciplinary work in legal pluralism.
Book Synopsis Dialogues on Human Rights and Legal Pluralism by : René Provost
Download or read book Dialogues on Human Rights and Legal Pluralism written by René Provost and published by Springer Science & Business Media. This book was released on 2012-08-10 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
Book Synopsis Canadian Journal of Law and Society by :
Download or read book Canadian Journal of Law and Society written by and published by . This book was released on 2006 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis La représentation institutionnelle dans l'ordre international by : Evelyne Lagrange
Download or read book La représentation institutionnelle dans l'ordre international written by Evelyne Lagrange and published by BRILL. This book was released on 2021-10-18 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: L'institutionnalisation et l'organisation d'un ordre juridique sur un mode représentatif impliquent un processus de différenciation fonctionnelle entre représentés et représentants permettant la réduction de la multiplicité à l'unité. La personne morale apparaît comme le terme réunificateur de tout système representative. Dans l'ordre international, ce processus est perturbé par la présence, dans les organs intergouvernementaux, de représentants d'Etat qui sont autant d'organes des Etats membres, présence prolongée par le consentement aux actes adoptés en leur sein. Quel en est donc le sujet d'imputation : l'organisation ou ses membres ? Une théorie de l'acte doit être développée au coeur de la théorie de l'organe pour démontrer que l'organisation internationale est la personnification juridique d'une collectivité d'Etats dotée d'un système représentatif, et n'est que cela. La qualité de partie à un traité constitutif et de membre d'une organisation internationale ne prive l'Etat d'aucun des attributs de la souveraineté dans l'ordre international. Au contraire, la faculté d'investir un sujet de droit de compétences nouvelles est précisément un attribut de la souveraineté : l'organisation est tout entière une création des Etats membres. Leur souveraineté n'inhibe pas le processus de personnification de l'organisation qui, en retour, ne la confisque pas : la souveraineté et la relativité des rapports juridiques demeurent les principes régulateurs de l'ordre international.
Book Synopsis International Law Theories by : Andrea Bianchi
Download or read book International Law Theories written by Andrea Bianchi and published by Oxford University Press. This book was released on 2016-11-10 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.
Book Synopsis Theory of International Law by : Robert Kolb
Download or read book Theory of International Law written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to analyse various aspects of international law, the link being how they structure and marshal the different forces in the international legal order. It takes the following approaches to the matter. First, an attempt is made to determine the fundamental characteristics of international law, the forces that delineate and permeate its applications. Secondly, the multiple relations between law and policy are analysed. Politics are a highly relevant factor in the implementation of every legal order (and also a threat to it); this is all the more true in international law, where the two forces, law and politics, have significant links. Thirdly, the discussion focuses on a series of fundamental socio-legal notions: the common good, justice, legal security, reciprocity (plus equality and proportionality), liberty, ethics and social morality, and reason.
Book Synopsis Access to Justice in Environmental Matters in the EU (Acces a la Justice en Matiere D'Environnement Dans L'Ue) by : Jonas Ebbesson
Download or read book Access to Justice in Environmental Matters in the EU (Acces a la Justice en Matiere D'Environnement Dans L'Ue) written by Jonas Ebbesson and published by Kluwer Law International B.V.. This book was released on 2002-05-15 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Access to justice in environmental matters has been a topic for increasing legal discourse and law-making in international, European Community (EC) and national arenas. The 1998 Aarhus Convention provides new norms of international law, inspired by the 1992 Rio Declaration. EC law on access to justice is being drafted and changes can be observed in the laws of the European Union (EU) members states. This timely book presents the state-of-the-art of access to justice in environmental matters in the European Union. It provides a thematic and comparative introduction of the topic, followed by thorough descriptions of EC law and the law of each EU member state. The chapters are written in English or French with a summary in the other language. L'accandegrave;s andegrave; la justice en matiandegrave;re d'environnement a fait l'objet de plus en plus de dandeacute;bats juridiques et de dandeacute;veloppements l'andeacute;gislatifs en droit international, communautaire et national. La Convention d'Aarhus de 1998 dandeacute;finit de nouvelles normes de droit international, faisant suite andagrave; la Dandeacute;claration de Rio de 1992. Le droit communautaire en matiandegrave;re d'accandegrave;s andagrave; la justice est en voie d'andeacute;laboration et dandeacute;jandagrave; des changements peuvent andecirc;tre observandeacute;s dans les lois nationales des andEacute;tats membres de l'Union europandeacute;enne. Cet ouvrage, qui arrive en temps opportun, prandeacute;sente l'andeacute;tat actuel de l'accandegrave;s andagrave; la justice en matiandegrave;re d'environnement dans l'Union europandeacute;anne. Une introduction thandeacute;matique et comparative du sujet est suivie par une description approfondie du droit communautaire et du droit national de chaque andEacute;tat membre de l'Union europandeacute;enne. Les chapitres sont randeacute;digandeacute;s soit en franandccedil;ais soit en anglais, accompagnandeacute;s respectivement d'un randeacute;sumandeacute; dans l'autre langue.
Book Synopsis Journal of Legal Pluralism and Unofficial Law by :
Download or read book Journal of Legal Pluralism and Unofficial Law written by and published by . This book was released on 1997 with total page 842 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Methodology of Constitutional Theory by : Dimitrios Kyritsis
Download or read book The Methodology of Constitutional Theory written by Dimitrios Kyritsis and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
Book Synopsis Concepts for International Law by : Jean d’Aspremont
Download or read book Concepts for International Law written by Jean d’Aspremont and published by Edward Elgar Publishing. This book was released on with total page 957 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.
Book Synopsis Formalism and the Sources of International Law by : Jean d'Aspremont
Download or read book Formalism and the Sources of International Law written by Jean d'Aspremont and published by OUP Oxford. This book was released on 2013-05-23 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). This paperback edition features the author's discussion of this book on the EJIL Talk blog.
