Normative Pluralism and International Law PDF Download
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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.
Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 1107245168
Category : Law
Languages : en
Pages : 369
Get Book Here
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.
Author: Carlos Iván Fuentes
Publisher: Springer
ISBN: 3319439294
Category : Law
Languages : en
Pages : 263
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Book Description
This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.
Author: Rossella Bottoni
Publisher: Springer
ISBN: 3319283359
Category : Law
Languages : en
Pages : 410
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Book Description
This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.
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"--
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: 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.
Author: Karlo Basta
Publisher: UBC Press
ISBN: 077482820X
Category : Political Science
Languages : en
Pages : 365
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Book Description
Territorial pluralism is a form of political autonomy designed to accommodate national, ethnic, or linguistic differences within a state. It has the potential to provide for the peaceful, democratic, and just management of difference. But given traditional concerns about state sovereignty, nation-building, and unity, how realistic is it to expect that a state’s authorities will agree to recognize and empower distinct substate communities? Territorial Pluralism answers this question by examining a wide variety of cases, including developing and industrialized states and democratic and authoritarian regimes. Drawing on examples of both success and failure, contributors analyze specific cases to understand the kinds of institutions that emerge in response to demands for territorial pluralism, as well as their political effects. With identity conflicts continuing to have a major impact on politics around the globe, they argue that territorial pluralism remains a legitimate and effective means for managing difference in multinational states.
Author: Vivencio O. Ballano
Publisher: Springer
ISBN: 9811050740
Category : Social Science
Languages : en
Pages : 181
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Book Description
This book looks at how the multiplicity of formal and informal normative systems that actualize the post-disaster recovery goals of the country’s Disaster Risk Reduction and Management Act of 2010 has resulted in the inadequate housing and relocation of Typhoon Ketsana victims in the Philippines. Using the sociological and normative pluralist perspectives and the case study method, it evaluates the level of conformity of the components of the housing project according to international conventions and legal standards. It highlights the negative unintended consequences caused by the complex normative regimes of various competing stakeholders, rigid real estate regulation, and the unscrupulous involvement of powerful and ‘corrupt’ real estate developers and housing groups as largely contributing to the project’s deviation from the law’s proactive objectives. This book attempts to promote the socio-legal perspectives which have long been overlooked in disaster research. Finally, it invites policymakers to enact a comprehensive disaster law and create a one-stop disaster management agency to improve the long-term rehabilitation of disaster victims in developing countries such as the Philippines.
Author: JC Beall
Publisher: Oxford University Press
ISBN: 0199288402
Category : Philosophy
Languages : en
Pages : 152
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Book Description
Consequence is at the heart of logic, and an account of consequence offers a vital tool in the evaluation of arguments. This text presents what the authors term as 'logical pluralism' arguing that the notion of logical consequence doesn't pin down one deductive consequence relation; it allows for many of them.
Author: C. Mantzavinos
Publisher: Cambridge University Press
ISBN: 1316668487
Category : Science
Languages : en
Pages : 237
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Book Description
Explaining phenomena is one of the main activities in which scientists engage. This book proposes a new philosophical theory of scientific explanation by developing and defending the position of explanatory pluralism with the help of the notion of 'explanatory games'. Mantzavinos provides a descriptive account of the explanatory activity of scientists in different domains and shows how they differ from commonsensical explanations offered in everyday life by ordinary people and also from explanations offered in religious contexts. He also shows how an evaluation and a critical appraisal of explanations put forward in different social arenas can take place on the basis of different values. Explanatory Pluralism provides solutions to all important descriptive and normative problems of the philosophical theory of explanation as illustrated in sophisticated case studies from economics and medicine, but also from mythology and religion.
