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Author: Veronica Corcodel
Publisher: Edward Elgar Publishing
ISBN: 1786431882
Category : Law
Languages : en
Pages : 240
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Book Description
Over the last two decades or so, the field of comparative law has been increasingly interested in issues of globalisation and Eurocentrism. This book inscribes itself within the debates that have arisen on these issues and aims to provide a greater understanding of the ways in which the “non-West” is constructed in Euro-American comparative law. Approaching knowledge production from an interdisciplinary and critical perspective, the book puts emphasis on the governance implications of the field.
Author: Veronica Corcodel
Publisher: Edward Elgar Publishing
ISBN: 1786431882
Category : Law
Languages : en
Pages : 240
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Book Description
Over the last two decades or so, the field of comparative law has been increasingly interested in issues of globalisation and Eurocentrism. This book inscribes itself within the debates that have arisen on these issues and aims to provide a greater understanding of the ways in which the “non-West” is constructed in Euro-American comparative law. Approaching knowledge production from an interdisciplinary and critical perspective, the book puts emphasis on the governance implications of the field.
Author: Veronica Corcodel
Publisher:
ISBN:
Category :
Languages : en
Pages : 384
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Book Description
This dissertation focuses on Euro-American comparative legal thought. It analyses the works of an important number of comparatists operating in Europe and in the United States, roughly from the 1860s to the early 2000s. Examining their representations of non-Western societies, it puts emphasis on the tensions between inclusion and exclusion of particularism and it argues in favor of a critical praxis of particularism. Inspired from postcolonial theories, it addresses the following questions: how are non-Western societies constructed in Euro-American comparative legal thought? What are the preconceptions that make the production of such knowledge possible? What is the theoretical framework that animates these constructions and what are their political implications? What elements internal to comparative legal knowledge fuel attitudes of domination or/and challenge them? How do they change and how are they reproduced from one epoch to another, from one author to another?
Author: Jacopo Martire
Publisher: Edinburgh University Press
ISBN: 1474411932
Category : Philosophy
Languages : en
Pages : 248
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Book Description
This book addresses a surprisingly overlooked Foucauldian conundrum: what is the logical relationship between modern law and power? Jacopo Martire investigates the development of modern law in conjunction with what Foucault termed biopolitical forms of power. He gives you a much-needed genealogical analysis of the modern legal phenomenon, opening new avenues for Foucauldian approaches to law.
Author: Marianne Constable
Publisher: Princeton University Press
ISBN: 1400826926
Category : Law
Languages : en
Pages : 215
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Book Description
Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law. But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law.
Author: Cian C Murphy
Publisher: Bloomsbury Publishing
ISBN: 1847316344
Category : Law
Languages : en
Pages : 304
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Book Description
Law and Outsiders is a collection of 13 essays from leading young scholars covering five important areas of legal scholarship: adjudication, European law and politics, migration, vulnerable minorities and legal values. The recurring theme in the volume is the way in which rules and processes are contributing to the creation of twenty-first-century 'others' in areas such as domestic constitutional systems, international security and migration, and global human rights discourses. The essays are drawn from the second International Graduate Legal Research Conference, held at King's College London in June 2008.
Author: John Jervis
Publisher: Wiley-Blackwell
ISBN: 9780631211105
Category : Social Science
Languages : en
Pages : 248
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Book Description
This book provides the most concise, accessible account yet available of modern Western cultural and social explorations of 'other' forms or aspects of life that are devalued or coded as unacceptable, even unthinkable, in the modern ethos.
Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 1139460390
Category : Law
Languages : en
Pages : 401
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Book Description
Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.
Author: Fiona Jenkins
Publisher: Cambridge University Press
ISBN: 1107074339
Category : Law
Languages : en
Pages : 697
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Book Description
Examines questions of allegiance and identity in a globalised world through the disciplines of law, politics, philosophy and psychology.
Author: Godwin Eli Kwadzo Dzah
Publisher: Cambridge University Press
ISBN: 1009354043
Category : Law
Languages : en
Pages : 409
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Book Description
A pioneering study that challenges the legal orthodoxy of sustainable development in international law from a non-Western perspective.
Author: Horatia Muir Watt
Publisher: Bloomsbury Publishing
ISBN: 150994012X
Category : Law
Languages : en
Pages : 367
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Book Description
This important book offers an ambitious and interdisciplinary vision of how private international law (or the conflict of laws) might serve as a heuristic for re-working our general understandings of legality in directions that respond to ever-deepening global ecological crises. Unusual in legal scholarship, the author borrows (in bricolage mode) from the work of Bruno Latour, alongside indigenous cosmologies, extinction theories and Levinassian phenomenology, to demonstrate why this field's specific frontier location at the outpost of the law where it is viewed from the outside as obscure and from the inside as a self-contained normative world generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of 'shadow' ecological dimensions of law, the author, a recognised authority within the field as conventionally understood, offers a truly global view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private or public field, should read this book.
