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Author: Nico Krisch
Publisher: Cambridge University Press
ISBN: 1108843069
Category : Law
Languages : en
Pages : 521
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Book Description
Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.
Author: Nico Krisch
Publisher: Cambridge University Press
ISBN: 1108843069
Category : Law
Languages : en
Pages : 521
Get Book Here
Book Description
Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.
Author: Nico Krisch
Publisher: Cambridge University Press
ISBN: 1108906583
Category : Law
Languages : en
Pages : 521
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Book Description
Law is usually understood as an orderly, coherent system, but this volume shows that it is often better understood as an entangled web. Bringing together eminent contributors from law, political science, sociology, anthropology, history and political theory, it also suggests that entanglement has been characteristic of law for much of its history. The book shifts the focus to the ways in which actors create connections and distance between different legalities in domestic, transnational and international law. It examines a wide range of issue areas, from the relationship of state and indigenous orders to the regulation of global financial markets, from corporate social responsibility to struggles over human rights. The book uses these empirical insights to inform new theoretical approaches to law, and by placing the entanglements between norms from different origins at the centre of the study of law, it opens up new avenues for future legal research. This title is also available as Open Access.
Author: Werner F. Menski
Publisher: Cambridge University Press
ISBN: 1139452711
Category : Law
Languages : en
Pages : 565
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Book Description
Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.
Author: Peer Zumbansen
Publisher: Cambridge University Press
ISBN: 1108490263
Category : Law
Languages : en
Pages : 539
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Book Description
Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.
Author: Martti Koskenniemi
Publisher: Cambridge University Press
ISBN: 1009038206
Category : Law
Languages : en
Pages : 1127
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Book Description
To the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300–1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property. The book will appeal to readers crossing conventional limits between international law, international relations, history of political thought, jurisprudence and legal history.
Author: Oren Perez
Publisher: Hart Publishing
ISBN: 1841133485
Category : Business & Economics
Languages : en
Pages : 308
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Book Description
The tension between trade liberalization and environmental protection has received remarkable attention since the establishment of the WTO. It has been the subject of a wide-ranging debate, and was one of the central themes of the anti-globalization movement. This book explores this debate. It argues that by focusing on the WTO, this debate failed to understand the institutional and discursive complexity in which the trade-environment conflict is embedded. A legal investigation of this nexus requires a framework of inquiry, which is capable of elucidating this complexity - a model of global legal pluralism. This book develops such a model. This pluralistic viewpoint portrays the trade and environment conflict as the product of multiple dilemmas, constituted and negotiated by a myriad of institutional and discursive networks. As such, this conflict cannot be analyzed or understood through one-dimensional models. Viewing the trade-environment conflict through pluralistic lenses yields important practical insights. It means that this conflict cannot be resolved by uniform economic or legal formulas. Dealing with this conflict requires, rather, polycentric and contextual strategy. The empirical part of the book explicates this thesis by examining several global legal domains, ranging from the WTO to "private" transnational regimes such as transnational litigation and the field of international financial law.
Author: Paul Schiff Berman
Publisher: Cambridge University Press
ISBN: 1107376912
Category : Law
Languages : en
Pages : 357
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Book Description
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.
Author: Margaret Davies
Publisher: Taylor & Francis
ISBN: 1317688902
Category : Law
Languages : en
Pages : 190
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Book Description
This book engages with a traditional yet persistent question of legal theory – what is law? However, instead of attempting to define and limit law, the aim of the book is to unlimit law, to take the idea of law beyond its conventionally accepted boundaries into the material and plural domains of an interconnected human and nonhuman world. Against the backdrop of analytical jurisprudence, the book draws theoretical connections and continuities between different experiences, spheres, and modalities of law. Taking up the many forms of critical and socio-legal thought, it presents a broad challenge to legal essentialism and abstraction, as well as an important contribution to more general normative theory. Reading, crystallising, and extending themes that have emerged in legal thought over the past century, this book is the culmination of the author’s 25 years of engagement with legal theory. Its bold attempt to forge a thoroughly contemporary approach to law will be of enormous value to those with interests in legal and socio-legal theory.
Author: Chris Brummer
Publisher: Cambridge University Press
ISBN: 113950472X
Category : Law
Languages : en
Pages :
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Book Description
The global financial crisis of 2008 has given way to a proliferation of international agreements aimed at strengthening the prudential oversight and supervision of financial market participants. Yet how these rules operate is not well understood. Because international financial rules are expressed through informal, non-binding accords, scholars tend to view them as either weak treaty substitutes or by-products of national power. Rarely, if ever, are they cast as independent variables that can inform the behavior of regulators and market participants alike. This book explains how international financial law 'works' - and presents an alternative theory for understanding its purpose, operation and limitations. Drawing on a close institutional analysis of the post-crisis financial architecture, it argues that international financial law is often bolstered by a range of reputational, market and institutional mechanisms that make it more coercive than classical theories of international law predict.
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.
