Lex Mercatoria and Legal Pluralism

Lex Mercatoria and Legal Pluralism PDF Author: Ames Foundation
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 392

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Book Description
"Lex mercatoria" in Latin and English. Includes bibliographical references and index.

Lex Mercatoria and Legal Pluralism

Lex Mercatoria and Legal Pluralism PDF Author: Ames Foundation
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 392

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Book Description
"Lex mercatoria" in Latin and English. Includes bibliographical references and index.

Global Legal Pluralism

Global Legal Pluralism PDF 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.

Normative Pluralism and International Law

Normative Pluralism and International Law PDF Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 1107245168
Category : Law
Languages : en
Pages : 369

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Book Description
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.

Negotiating State and Non-State Law

Negotiating State and Non-State Law PDF Author: Michael A. Helfand
Publisher: Cambridge University Press
ISBN: 1107083761
Category : Law
Languages : en
Pages : 363

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Book Description
Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

In Pursuit of Pluralist Jurisprudence

In Pursuit of Pluralist Jurisprudence PDF Author: Nicole Roughan
Publisher: Cambridge University Press
ISBN: 1107183960
Category : Law
Languages : en
Pages : 387

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Book Description
This book presents and evaluates theoretical approaches to 'pluralist jurisprudence' and assesses the viability of theorising law extending beyond the state.

The Oxford Handbook of Global Legal Pluralism

The Oxford Handbook of Global Legal Pluralism PDF Author: Paul Schiff Berman
Publisher:
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133

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Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Global Law Without a State

Global Law Without a State PDF Author: Gunther Teubner
Publisher: Dartmouth Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 344

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Book Description
This work deals with legal pluralism in an emerging world society. It central thesis is that globalization of law tends to create a decentred law-making process which occurs in multiple sectors of civil society, independently of nation states. Technical standardization, professional rule production, human rights, intra-organizational regulation in multinational enterprises, contracting, arbitration and other institutions of lex mercatoria are forms of rule by private governments, claiming world-wide validity independently of the law of the nation states. They have come into existence not by formal acts of nation states but by strange paradoxical acts of self-validation.

Living Law

Living Law PDF Author: Marc Hertogh
Publisher: Bloomsbury Publishing
ISBN: 1847314775
Category : Law
Languages : en
Pages : 292

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Book Description
This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies. This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.

The Oxford Handbook of Transnational Law

The Oxford Handbook of Transnational Law PDF Author: Peer Zumbansen
Publisher: Oxford University Press
ISBN: 0197547419
Category : Law
Languages : en
Pages : 1246

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Book Description
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Comparative Law

Comparative Law PDF Author: Mathias Siems
Publisher: Law in Context
ISBN: 1107182417
Category : Law
Languages : en
Pages : 531

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Book Description
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.