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Toward A New Legal Common Sense
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Author :Boaventura de Sousa Santos Publisher :Cambridge University Press ISBN 13 :9780406949974 Total Pages :596 pages Book Rating :4.9/5 (499 download)
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 2002-09 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: The text emphasises a need for reconstruction of legality based on locality, nationality and globality.
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 Toward a New Common Sense by : Boaventura de Sousa Santos
Download or read book Toward a New Common Sense written by Boaventura de Sousa Santos and published by . This book was released on 1995 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considering the paradigm of modernity's three key concepts --law, power, and science--Santos argues for extensive epistemological shifts in the field of critical social thought. He traces the historical process by which both modern science and modern law lost the balance between social regulation and social emancipation inscribed originally in the paradigm of modernity. Pleading for a new dialogic rhetoric and moving back and forth between solid empirical work and highly innovative and far reaching theorizing, he deals with diverse topics.
Author :Boaventura de Sousa Santos Publisher :Cambridge University Press ISBN 13 :9780521605953 Total Pages :592 pages Book Rating :4.6/5 (59 download)
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 2002-09-01 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are those who believe that modern society's reliance upon law, politics and science to both regulate and emancipate society has reached a crisis point and can no longer provide answers to current social problems. Toward a New Legal Common Sense engages in a series of sociological analyses of law in order to illustrate the need for a profound theoretical reconstruction of the notion of legality based on locality, nationality and globality. In this way the author shows how developments including suprastate organisations such as the European Union and international human rights law can be given their proper place in the sociology of law, and suggests a new set of social structures that might sustain the emancipatory elements that have disappeared from modern society. This 2002 edition, of a title originally published by Routledge (New York), is part of the acclaimed Law in Context Series, whose aim is to develop broad interdisciplinary perspectives on law. Toward a New Legal Common Sense is written for students taking law and globalisation courses, and political science, philosophy and sociology students doing optional subjects.
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 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a period of paradigmatic transition, Toward a New Legal Common Sense aims to devolve to law its emancipatory potential.
Book Synopsis Diaspora, Law and Literature by : Klaus Stierstorfer
Download or read book Diaspora, Law and Literature written by Klaus Stierstorfer and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-11-07 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The well-known challenges of international migration have triggered new departures in academic approaches, with 'diaspora studies' evolving as an interdisciplinary and even transdisciplinary field of study. Its emerging methodology shares concerns with another interdisciplinary field, the study of the relations between law and literature, which focuses on the ways in which the two cultural practices of law and literature mutually negotiate each other and on the question after the ontological commensurability of the domains. This volume offers, for the first time, an attempt to provide an interface between these overlapping interdisciplinary endeavours of literary studies, legal studies, and diaspora studies. In doing so, it explores new approaches and invites new perspectives on diasporas, migration and the disciplines that study them, hopefull also adding to the cultural resources of coping with a swiftly changing social landscape in a globalizing world.
Author :Boaventura de Sousa Santos Publisher :Cambridge University Press ISBN 13 :9781139446143 Total Pages :424 pages Book Rating :4.4/5 (461 download)
Book Synopsis Law and Globalization from Below by : Boaventura de Sousa Santos
Download or read book Law and Globalization from Below written by Boaventura de Sousa Santos and published by Cambridge University Press. This book was released on 2005-09-08 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.
Book Synopsis Leading Works on the Legal Profession by : Daniel Newman
Download or read book Leading Works on the Legal Profession written by Daniel Newman and published by Taylor & Francis. This book was released on 2023-07-28 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection provides an innovative and engaging way of assessing the development of legal profession scholarship and its potential future development by presenting an analysis of the ‘leading works’ of the discipline. The book was written by prominent and emerging international scholars in the field, with each contributor having been invited to select and analyse a work which has for them shed light on what the legal profession is and what it does. The chapters explore the effect that the chosen work has had upon legal profession scholarship as a whole, both within particular jurisdictions and internationally. Contributors also reflect upon the likely implications of the leading work on the future study of and application to the legal profession. They relate the works to recent and contemporary developments in law and access to justice, such as the rise of technology, impact of the Covid-19 pandemic, and issues of funding, to highlight the interpretative value of such scholarship. Presenting an overview and introduction to the field of legal profession research, the collection will be required reading for researchers looking to study any aspect of the legal profession. It will also prove compelling for a wide variety of access to justice and justice system research projects. The book will also appeal to scholars interested in legal ethics.
Book Synopsis Common Sense and Legal Judgment by : Patricia Cochran
Download or read book Common Sense and Legal Judgment written by Patricia Cochran and published by McGill-Queen's Press - MQUP. This book was released on 2017-11-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light. A call for critical self-reflection and the close scrutiny of power relationships and social contexts, this book is a direct response to social justice predicaments and their confounding relationships to law. Creative and interdisciplinary, Common Sense and Legal Judgment reinvigorates feminist and anti-poverty understandings of judgment, knowledge, justice, and accountability.
Book Synopsis The Death of Common Sense by : Philip K. Howard
Download or read book The Death of Common Sense written by Philip K. Howard and published by Random House Trade Paperbacks. This book was released on 2011-05-03 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER “We need a new idea of how to govern. The current system is broken. Law is supposed to be a framework for humans to make choices, not the replacement for free choice.” So notes Philip K. Howard in the new Afterword to his explosive manifesto The Death of Common Sense. Here Howard offers nothing less than a fresh, lucid, practical operating system for modern democracy. America is drowning—in law, lawsuits, and nearly endless red tape. Before acting or making a decision, we often abandon our best instincts. We pause, we worry, we equivocate, and then we divert our energy into trying to protect ourselves. Filled with one too many examples of bureaucratic overreach, The Death of Common Sense demonstrates how we—and our country—can at last get back on track.
Book Synopsis Max Weber: Selections in Translation by : Max Weber
Download or read book Max Weber: Selections in Translation written by Max Weber and published by Cambridge University Press. This book was released on 1978-03-30 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected extracts from Max Weber's writings which reflect the full range of his concerns.
Book Synopsis Redirecting Human Rights by : A. Grear
Download or read book Redirecting Human Rights written by A. Grear and published by Springer. This book was released on 2010-04-09 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the backdrop of globalization and mounting evidence of the corporate subversion of the Universal Declaration of Human Rights paradigm, Anna Grear interrogates the complex tendencies within law that are implicated in the emergence of 'corporate humanity'. Grear presents a critical account of legal subjectivity, linking it with law's intimate relationship with liberal capitalism in order to suggest law's special receptivity to the corporate form. She argues that in the field of human rights law, particularly within the Universal Declaration of Human Rights paradigm, human embodied vulnerability should be understood as the foundation of human rights and as a key qualifying characteristic of the human rights subject. The need to redirect human rights in order to resist their colonization by powerful economic global actors could scarcely be more urgent.
Book Synopsis Democratizing Democracy by : Boaventura de Sousa Santos
Download or read book Democratizing Democracy written by Boaventura de Sousa Santos and published by Verso Books. This book was released on 2020-05-05 with total page 843 pages. Available in PDF, EPUB and Kindle. Book excerpt: The majorconflicts between the Global North and the South can be expected toresult from the confrontation of alternative conceptions of democracy,mainly between liberal or representative democracy and participatorydemocracy. The hegemonic model of democracy, while prevailing on aglobal scale, guarantees no more than low-intensity democracy. Inrecent times, participatory democracy has exhibited a new dynamic,engaging mainly subaltern communities and social groups that fightagainst social exclusion and the suppression of citizenship. In thiscollection of reports from the Global South-India, South Africa,Mozambique, Colombia, and Brazil-De Sousa Santos and his colleaguesshow how, in some cases, the deepening of democracy results from thedevelopment of dual forms of participatory and representativedemocracy, and points to the emergence of transnational networks ofparticipatory democracy initiatives. Such networks pave one of the waysto the reinvention of social emancipation. This is volume 1 of the Reinventing Social Emancipation project, edited by Boaventura de Sousa Santos.
Book Synopsis Designing Indicators for a Plural Legal World by : Siddharth Peter de Souza
Download or read book Designing Indicators for a Plural Legal World written by Siddharth Peter de Souza and published by Cambridge University Press. This book was released on 2022-09-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: It pluralises the conversation around legal indicators by considering the diversity of law and legal institutions in the Global South.
Book Synopsis Declarations of Interdependence by : Kirsten Anker
Download or read book Declarations of Interdependence written by Kirsten Anker and published by Routledge. This book was released on 2016-05-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as discursive in engaging a dialogue between legal traditions, Anker focusses on prominent aspects of legal discourse and process such as sovereignty, proof, cultural translation and negotiation. With case studies and examples principally drawn from Australia and Canada, the book seeks to set state law in front of its own reflection in the mirror of Indigenous rights, drawing on a broad base of scholarship in addition to legal theory, from philosophy, literary studies, anthropology, social theory, Indigenous studies and art. As a contribution to legal theory, the study advances legal pluralist approaches not just by imagining a way to ’make space for’ Indigenous legal traditions, but by actually working with their insights in building theory. The book will be of value to students and researchers interested in Indigenous rights as well as those working in the areas of socio-legal studies, legal pluralism and law and cultural diversity.
Book Synopsis Daunting Enterprise of the Law by : Simon Archer
Download or read book Daunting Enterprise of the Law written by Simon Archer and published by McGill-Queen's Press - MQUP. This book was released on 2017-02-24 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor emeritus at Osgoode Hall Law School and former president of Toronto’s York University, Harry W. Arthurs is one of Canada’s most widely respected scholars, educators, and policy makers in the world today. His enormous academic and institutional productivity has extended to administrative and labour law, legal pluralism and legal theory, and legal education. Bringing together scholars of law, history, and political economy, The Daunting Enterprise of the Law applies the framework of Arthurs’s extraordinary scholarship to a series of themes running through current legal, economic, and political thought. Contributors from around the globe engage with Arthurs’s work in several fields and sub-fields and consider the past and future of industrial democracy, globalization, labour law, legal education, and legal theory in the twenty-first century. Through the process of surveying, evaluating, and reflecting upon Arthurs’s ideas and intellectual contributions, they further advance the reader’s understanding of labour law and industrial relations. Remarkable in breadth and scope, The Daunting Enterprise of Law is both a celebration of Arthurs’s institutional achievements and policy leadership and an important contribution to contemporary scholarship.
Book Synopsis Human Rights Encounter Legal Pluralism by : Giselle Corradi
Download or read book Human Rights Encounter Legal Pluralism written by Giselle Corradi and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.
