Interdisciplinary Research In Jurisprudence And Constitutionalism

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Interdisciplinary Research in Jurisprudence and Constitutionalism

Author : Stephan Kirste
Publisher : Franz Steiner Verlag Wiesbaden gmbh
ISBN 13 : 9783515099417
Total Pages : 267 pages
Book Rating : 4.0/5 (994 download)

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Book Synopsis Interdisciplinary Research in Jurisprudence and Constitutionalism by : Stephan Kirste

Download or read book Interdisciplinary Research in Jurisprudence and Constitutionalism written by Stephan Kirste and published by Franz Steiner Verlag Wiesbaden gmbh. This book was released on 2012 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the influence of a narrowly understood scientific legal positivism, jurisprudence has neglected interdisciplinary research for a long time. However, today there are strong practical and scholarly reasons for an interdisciplinary analysis of law triggered, e.g., by bioethics, life sciences, economics and ecology. And yet the very subject matter of law shimmering between normativity and descriptivity seems to resist all attempts to be taken in by common enterprises across disciplines: How then is the necessary interdisciplinary research in jurisprudence possible without abandoning its core, legal dogmatics? This question was discussed at a special working group during the IVR-World Congress in Cracow. The papers have been polished and updated for publication. The volume falls into two parts: One is directed at the basic conceptual and institutional questions of interdisciplinary research in jurisprudence; the other one concentrates on one fruitful and highly important field of interdisciplinary research, constitutionalism. The volume brings together a truly international and in itself interdisciplinary group of experts in the field, from Finland to Brazil and from Spain to Greece.

Research Handbook on Interdisciplinary Approaches to Law and Religion

Author : Russell Sandberg
Publisher : Edward Elgar Publishing
ISBN 13 : 1784714852
Total Pages : 464 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on Interdisciplinary Approaches to Law and Religion by : Russell Sandberg

Download or read book Research Handbook on Interdisciplinary Approaches to Law and Religion written by Russell Sandberg and published by Edward Elgar Publishing. This book was released on 2019 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following 9/11, increased attention has been given to the place of religion in the public sphere. Across the world, Law and Religion has developed as a sub-discipline and scholars have grappled with the meaning and effect of legal texts upon religion. The questions they ask, however, cannot be answered by reference to Law alone therefore their work has increasingly drawn upon work from other disciplines. This Research Handbook assists by providing introductory but provocative essays from experts on a range of concepts, perspectives and theories from other disciplines, which can be used to further Law and Religion scholarship.

Facts and Norms in Law

Author : Sanne Taekema
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361090
Total Pages : 307 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Facts and Norms in Law by : Sanne Taekema

Download or read book Facts and Norms in Law written by Sanne Taekema and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Facts and Norms in Law: Interdisciplinary Reflections on Legal Method presents an innovative collection of essays on the relationship between descriptive and normative elements in legal inquiry and legal practice. What role does empirical data play in law? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda, especially for legal scholars doing interdisciplinary work. This timely volume carefully combines critical perspectives from a range of different disciplinary traditions and theoretical positions.

Constitutionalism in Context

Author : David S. Law
Publisher :
ISBN 13 : 9781108699068
Total Pages : pages
Book Rating : 4.6/5 (99 download)

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Book Synopsis Constitutionalism in Context by : David S. Law

Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The study of constitutionalism suffers from an embarrassment of riches. The very qualities that make the field so rewarding for scholars-interdisciplinary foment and dialogue, a subject matter and an audience as broad and varied as the world itself, vast unexhausted possibilities and low-hanging fruit as far as the eye can see -ensure that we lack the capacity to teach everything that ought to be taught"--

The Indian Yearbook of Law and Interdisciplinary Studies

Author : Ranita Nagar
Publisher : Taylor & Francis
ISBN 13 : 1000801187
Total Pages : 217 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis The Indian Yearbook of Law and Interdisciplinary Studies by : Ranita Nagar

Download or read book The Indian Yearbook of Law and Interdisciplinary Studies written by Ranita Nagar and published by Taylor & Francis. This book was released on 2022-11-23 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This yearbook focuses on law and its interdisciplinarity in India. It brings together scholars of law, economics, and policy to foster multidisciplinary thinking and analysis across subject areas. The contributors to this volume embody an interdisciplinary spirit through their academic experience and aim to bring to the fore unique suggestions for a better understanding of the law. The volume explores various key issues that are central to state policy demanded by a functioning democracy, in terms of democratic quality, aspirations and sustainability. It discusses global and social issues, such as foreign interference in domestic elections, feminism, and climate change and looks at other subjects such as economics, religion, history, literature from the perspective of law. A unique contribution to the study of law in India, this book will be an essential read for scholars and researchers of law, jurisprudence, political science, economics, public policy, sociology, social anthropology, the Indian Constitution, and South Asia studies.

Order from Transfer

Author : Günter Frankenberg
Publisher : Edward Elgar Publishing
ISBN 13 : 1781952116
Total Pages : 383 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Order from Transfer by : Günter Frankenberg

Download or read book Order from Transfer written by Günter Frankenberg and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.

Interdisciplinarities

Author : Didi Herman
Publisher : Springer Nature
ISBN 13 : 3030892972
Total Pages : 143 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Interdisciplinarities by : Didi Herman

Download or read book Interdisciplinarities written by Didi Herman and published by Springer Nature. This book was released on 2022-02-23 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book illuminates methodology in legal research by bringing together interdisciplinary scholars, who employ a diverse set of methodologies, to address a specific shared research challenge: ‘the body’. The contributors were asked a question: if you were invited to contribute to an edited book on ‘the body’, where would you start and then where would you go? The result is a self-reflective discussion of how and where researchers engage with methodological practices. The contributors draw on their own interdisciplinary research experiences to explore how ‘the body’ might be addressed in their work, and the resources they would deploy in order to carry out the task. This ‘book within a book’ is innovative in both content and format. It provides a rare insight into how top interdisciplinary legal scholars go about making decisions about their research. The shared device of ‘the body’ allows the volume to trace a number of rich approaches into the process of research as practiced by these diverse scholars. In presenting thinking and research in action, the volume offers a new, self-reflective view on the much-addressed theme of the body, as well as taking a fresh approach to the historically vexed problem of research methodology in legal studies.

Law and Revolution

Author : Nimer Sultany
Publisher : Oxford University Press
ISBN 13 : 0191081515
Total Pages : 320 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Law and Revolution by : Nimer Sultany

Download or read book Law and Revolution written by Nimer Sultany and published by Oxford University Press. This book was released on 2017-11-24 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.

Constitutionalism in the Global Realm

Author : Poul F. Kjaer
Publisher : Routledge
ISBN 13 : 1317804805
Total Pages : 226 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis Constitutionalism in the Global Realm by : Poul F. Kjaer

Download or read book Constitutionalism in the Global Realm written by Poul F. Kjaer and published by Routledge. This book was released on 2014-04-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.

The Meaning of the Constitution

Author : Gary C. Leedes
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (146 download)

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Book Synopsis The Meaning of the Constitution by : Gary C. Leedes

Download or read book The Meaning of the Constitution written by Gary C. Leedes and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Imaginaries

Author : Jiří Přibáň
Publisher : Routledge
ISBN 13 : 1000456099
Total Pages : 176 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Constitutional Imaginaries by : Jiří Přibáň

Download or read book Constitutional Imaginaries written by Jiří Přibáň and published by Routledge. This book was released on 2021-09-30 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.

Self-Constitution of European Society

Author : Jiří Přibáň
Publisher : Routledge
ISBN 13 : 131705752X
Total Pages : 357 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Self-Constitution of European Society by : Jiří Přibáň

Download or read book Self-Constitution of European Society written by Jiří Přibáň and published by Routledge. This book was released on 2016-05-26 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and pluralism and their juridical and political uses in the context of EU constitutionalism. Individual chapters emphasize the importance of interdisciplinary and socio-legal methods in the current research of EU constitutionalism and their potential to re-conceptualize and re-think traditional problems of constitutional subjects, limitation and separation of power, political symbolism and identity politics in Europe. This collection simultaneously describes the EU and its self-constitution as one polity, differentiated society and shared community and its contributors conceptualize the sense of common identity and solidarity in the context of the post-sovereign multitude of European society.

Constitutionalism in the Americas

Author : Colin Crawford
Publisher : Edward Elgar Publishing
ISBN 13 : 1788113330
Total Pages : 303 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Constitutionalism in the Americas by : Colin Crawford

Download or read book Constitutionalism in the Americas written by Colin Crawford and published by Edward Elgar Publishing. This book was released on 2018-02-23 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies – empirical, historical, philosophical and textual analysis – in the effort to provide a comprehensive look at a generation of constitutional change across two continents.

Research Handbook on Legal Evolution

Author : Wojciech Zaluski
Publisher : Edward Elgar Publishing
ISBN 13 : 180392182X
Total Pages : 515 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Research Handbook on Legal Evolution by : Wojciech Zaluski

Download or read book Research Handbook on Legal Evolution written by Wojciech Zaluski and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law.

Studies in Law, Politics and Society

Author : Austin Sarat
Publisher : Emerald Group Publishing
ISBN 13 : 1849507503
Total Pages : 269 pages
Book Rating : 4.8/5 (495 download)

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Book Synopsis Studies in Law, Politics and Society by : Austin Sarat

Download or read book Studies in Law, Politics and Society written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2010-03-05 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of Studies in Law, Politics, and Society contains a sampling of work from some of the most promising junior scholars in the next generation of the law and society community. Nominated by their advisors or mentors, their work explores some of the newest areas of law and society research as well as brings fresh insight to bear on enduring

Critiquing Free Speech

Author : Matthew D. Bunker
Publisher : Routledge
ISBN 13 : 1135652066
Total Pages : 360 pages
Book Rating : 4.1/5 (356 download)

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Book Synopsis Critiquing Free Speech by : Matthew D. Bunker

Download or read book Critiquing Free Speech written by Matthew D. Bunker and published by Routledge. This book was released on 2001-04-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this exceptional volume, Matthew D. Bunker explores the work of contemporary free speech critics and argues that, while at times these critics provide important lessons, many of their conclusions must be rejected. Moreover, Bunker suggests that we be wary of interdisciplinary approaches to free speech theory that--by their very assumptions and techniques--are a poor "fit" with existing free speech theory and doctrine. In his investigation of diverse critiques of free speech theory and his sophisticated rebuttal, he provides an innovative and important examination of First Amendment theory. In doing so, he establishes a new agenda for First Amendment theory scholarship that incorporates some of the critics' insights without abandoning the best aspects of the free speech tradition. COPY FOR MAILER: Distinctive features in this volume include: * an overview of the traditional approaches to First Amendment theory, * an examination of work from key First Amendment scholars and theorists, at both the individual and group level, * an emphasis on interdisciplinarity ranging from femi- nist and critical legal scholars to economists and literary theorists, and * a new agenda for First Amendment theory scholar- ship which incorporates critical comment while pre- serving the best aspects of the free speech tradition.

Contextualising Legal Research

Author : Sanne Taekema
Publisher : Edward Elgar Publishing
ISBN 13 : 1035307391
Total Pages : 327 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Contextualising Legal Research by : Sanne Taekema

Download or read book Contextualising Legal Research written by Sanne Taekema and published by Edward Elgar Publishing. This book was released on 2024-06-05 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a clear and concise guide to the practicalities of legal research, this informative book presents a methodological framework for law-in-context research design. It argues that legal scholarship relies on the interpretive and argumentative methods of the humanities, but also requires empirical input due to its focus on social reality.