Author: Geoffrey Swenson
Publisher: Oxford University Press
ISBN: 0197530443
Category : Political Science
Languages : en
Pages : 289
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Book Description
In most countries, it is the norm for state courts to operate alongside powerful non-state justice systems, whose roots lie in custom, religion, or tradition. Indeed, non-state justice is frequently the dominant form of legal order. In the developing world, an estimated 80 to 90 percent of disputes are handled outside the state justice system, and nearly all post-conflict states feature extensive legal pluralism because of the weak institutions and contested authority endemic to conflict and post-conflict states. Yet the role of legal pluralism is frequently misunderstood and when different justice systems clash, prolonged, potentially even violent conflict, can result. In Contending Orders, Geoffrey Swenson proposes a new way to understand how state and non-state authorities interact by exploring the full range of legally pluralist environments-combative, competitive, cooperative, and complementary. Drawing upon insights from Afghanistan and Timor-Leste, two countries with extensive legal pluralism, he identifies and critically examines commonly used strategies in legally pluralistic environments. Swenson also illustrates how national and international actors can better engage non-state justice systems. Further, Swenson shows how multiple justice systems can not only co-exist but work together to contribute to the development of a democratic state bound by the rule of law. It is not enough to merely recognize that legal pluralism exists; scholars and policymakers must understand how legal pluralism actually functions. Contending Orders both analyzes the forces that are shaping the relationship between the state and non-state justice worldwide and offers policy strategies to promote the rule of law and good governance wherever legal pluralism thrives.
Author: Terence C. Halliday
Publisher: Cambridge University Press
ISBN: 1107069920
Category : Business & Economics
Languages : en
Pages : 559
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Book Description
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Nico Krisch
Publisher: Oxford University Press, USA
ISBN: 0199228310
Category : Law
Languages : en
Pages : 383
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Book Description
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.
Author: Gregory Shaffer
Publisher: Cambridge University Press
ISBN: 1108473105
Category : Law
Languages : en
Pages : 335
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Book Description
Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.
Author: Geoffrey Swenson
Publisher: Oxford University Press
ISBN: 0197530427
Category : Afghanistan
Languages : en
Pages : 289
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Book Description
"examines how the rule of law is understood conceptually and pragmatically-both on its own terms and as part of post-conflict state-building efforts. It examines thinner, more process-orientated understandings of the rule of law as well as thicker, more substantive conceptualizations with additional political, social, and economic components. While both approaches are worthwhile, I argue that a minimalist conception of rule of law offers the most appropriate standard for assessing progress in judicial state-building after conflict"--
Author: Bronwyn Winter
Publisher: Routledge
ISBN: 1351703773
Category : Political Science
Languages : en
Pages : 417
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Book Description
Legitimacy, along with security and democracy, is arguably one of the most widely used global buzzwords of the new millennium. Yet, the idea of political legitimacy is not new and has been constructed in different ways at different moments in history. This book problematizes this notion, from various contextual standpoints, disciplinary and theoretical perspectives. Taking a comparative, transnational and bottom-up approach to the study of political legitimacy, this book sheds light on multiple perceptions by different actors (institutions, civil society, majoritarian and minority subjects), analysing the notion of political legitimacy from a critical perspective. Questioning received wisdom or one-size-fits-all analyses, it leads to a reassessment of the link between legitimacy and sovereignty, and emphasises the demand by transnational civil society to go beyond identity politics, which produce logics of violence. This book was originally published as a special issue of Global Discourse.
Author: Peter Cane
Publisher: Oxford University Press, USA
ISBN: 9780199248179
Category : Law
Languages : en
Pages : 1071
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Book Description
This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.
Author: American Society of International Law
Publisher: Cambridge University Press
ISBN: 9780521465229
Category : International law
Languages : en
Pages : 2082
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Book Description
The purpose of these volumes is to examine, explain and appraise contributions made by the United Nations system to international law and the law-creating process. The work assesses the effect UN institutions have had on the law-making process, and the extent to which that law has been accepted by and evidenced in contemporary state practice. It is divided into three main parts. The first examines the practical as well as conceptual aspects of the UN system as a source of law. The second part deals with different fields of activity which have become the subjects of legal rules and processes. Areas covered include human rights, use of force and economic relations. In addition, topics that have not previously been examined in such a comprehensive manner, such as shipping, aviation, and private international law, are also discussed. The third part covers the internal law of the UN system - international civil services and financial contributions.
Author: Cyril E. Black
Publisher: Princeton University Press
ISBN: 0691196753
Category : Law
Languages : en
Pages : 432
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Book Description
The eleven contributors to this volume come to grips with the hard realities of controlling war in our modern, interrelated world. All of them deal directly with the role of law in the management of conflict. From Cyril E. Black's introductory chapter, "Conflict Management and World Order," to Richard J. Barnet's concluding chapter, "Toward the Control of International Violence: The Limits and the Possibilities of Law," each expert moves from analysis of some immediate problem of international legal control to the direct application of law to war. The contributors include Tom J. Farer, Rosalyn Higgins, John Norton Moore, Daniel Wiles, William B. Bader, Arnold Kramish, Mason Willrich, W. Michael Reisman, and Harold Feiveson. Conflict Management is the third volume in a large-scale collaborative research project intended to focus the attention of international lawyers and social scientists on the near future of the international legal order. A brochure describing the entire series is available. Cyril E. Black is Duke Professor of Russian History and Director of the Center of International Studies, Princeton University. Richard A. Falk is Milbank Professor of International Law and Practice, Princeton University. Written under the auspices of the Center of Interntional Studies, Princeton University. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
