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Legal Polycentricity And International Law
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Book Synopsis Legal Polycentricity and International Law by : S. Prakash Sinha
Download or read book Legal Polycentricity and International Law written by S. Prakash Sinha and published by . This book was released on 1996 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes the themes of the jurisprudential movement of legal polycentricity and applies them to international law. It focuses on the civilization of diversity and uncovers the non-universality of law and a pluralism of values. Sinha emphasizes that the proper role of international law is to ensure that in culture-specific matters, such as human rights, the state adheres to the normative ideals of the civilization to which it belongs. "An extensive and well-conceived bibliography... [Sinha] closes the book with a rich vein of resource material for further exploration." -- ASIL Newsletter
Book Synopsis Legal Polycentricity by : Hanne Petersen
Download or read book Legal Polycentricity written by Hanne Petersen and published by Dartmouth Publishing Company. This book was released on 1995 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Regulation of Euthanasia
Download or read book Polycentricity written by Ari Hirvonen and published by Pluto Press (UK). This book was released on 1998 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work sets out to demonstrate the inadequacy of current legal paradigms in explaining the phenomena of fragmentation through conceptions of modern law. It also addresses the possibility of legal and ethical alternativesand political counterstrategies.
Book Synopsis Power and Pluralism in International Law by : Edward S. Cohen
Download or read book Power and Pluralism in International Law written by Edward S. Cohen and published by Routledge. This book was released on 2022-03-10 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.
Book Synopsis Private International Law and Global Governance by : Horatia Muir Watt
Download or read book Private International Law and Global Governance written by Horatia Muir Watt and published by . This book was released on 2014 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
Book Synopsis Normative Pluralism and International Law by : Jan Klabbers
Download or read book Normative Pluralism and International Law written by Jan Klabbers and published by Cambridge University Press. This book was released on 2013-04-22 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.
Book Synopsis In Pursuit of Pluralist Jurisprudence by : Nicole Roughan
Download or read book In Pursuit of Pluralist Jurisprudence written by Nicole Roughan and published by Cambridge University Press. This book was released on 2017-09-14 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents and evaluates theoretical approaches to 'pluralist jurisprudence' and assesses the viability of theorising law extending beyond the state.
Book Synopsis Global Legal Pluralism by : Paul Schiff Berman
Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Book Synopsis Major Legal Systems in the World Today by : René David
Download or read book Major Legal Systems in the World Today written by René David and published by Simon and Schuster. This book was released on 1978 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: A significant introduction to the study of comparative law and a notable scholarly work, Major Legal Systems in the World Today analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each legal family, the book presents a total view of the historical foundation and the sources and structure of the law in each system.
Book Synopsis Legal Pluralism and Development by : Brian Z. Tamanaha
Download or read book Legal Pluralism and Development written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2012-05-28 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.
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 267 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.
Book Synopsis Normative Pluralism and International Law by : Jan Klabbers
Download or read book Normative Pluralism and International Law written by Jan Klabbers and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses conflicts involving how law relates to normative orders.
Book Synopsis Human Rights by : Thomas David Jones
Download or read book Human Rights written by Thomas David Jones and published by Martinus Nijhoff Publishers. This book was released on 1998 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nature of Human Rights.
Book Synopsis International Law and Marine Areas beyond National Jurisdiction by : Vito De Lucia
Download or read book International Law and Marine Areas beyond National Jurisdiction written by Vito De Lucia and published by BRILL. This book was released on 2022-01-31 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.
Book Synopsis Polycentricity in the European Union by : Josephine van Zeben
Download or read book Polycentricity in the European Union written by Josephine van Zeben and published by Cambridge University Press. This book was released on 2019-04-11 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses European Union governance from the perspective of polycentric theory, aimed at improvements in achieving individual self-governance.
Book Synopsis Akehurst's Modern Introduction to International Law by : Peter Malanczuk
Download or read book Akehurst's Modern Introduction to International Law written by Peter Malanczuk and published by Routledge. This book was released on 2002-04-12 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
Book Synopsis Normative Pluralism and International Law by : Jan Klabbers
Download or read book Normative Pluralism and International Law written by Jan Klabbers and published by . This book was released on 2014-05-14 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses conflicts involving how law relates to normative orders.
