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Author: Mireille Delmas-Marty
Publisher: Bloomsbury Publishing
ISBN: 1847315313
Category : Law
Languages : en
Pages : 196
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Book Description
From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty's 'journey through the legal landscape' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly fragmented by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law? Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values. 'The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.' From the foreword, Stephen Breyer, Washington, DC
Author: Mireille Delmas-Marty
Publisher: Bloomsbury Publishing
ISBN: 1847315313
Category : Law
Languages : en
Pages : 196
Get Book Here
Book Description
From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty's 'journey through the legal landscape' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly fragmented by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law? Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values. 'The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.' From the foreword, Stephen Breyer, Washington, DC
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: David Tracy
Publisher: University of Chicago Press
ISBN: 0226811298
Category : Religion
Languages : en
Pages : 287
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Book Description
In Blessed Rage for Order, David Tracy examines the cultural context in which theological pluralism emerged. Analyzing orthodox, liberal, neo-orthodox, and radical models of theology, Tracy formulates a new 'revisionist' model. He considers which methods promise the most certain results for a revisionist theology and applies his model to the principal questions in contemporary theology, including the meanings of religion, theism, and of christology.
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: Brian Z. Tamanaha
Publisher: Cambridge University Press
ISBN: 1107019400
Category : Law
Languages : en
Pages : 271
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Book Description
Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.
Author: Evan Haefeli
Publisher: University of Chicago Press
ISBN: 022674275X
Category : History
Languages : en
Pages : 395
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Book Description
The United States has long been defined by its religious diversity and recurrent public debates over the religious and political values that define it. In Accidental Pluralism, Evan Haefeli argues that America did not begin as a religiously diverse and tolerant society. It became so only because England’s religious unity collapsed just as America was being colonized. By tying the emergence of American religious toleration to global events, Haefeli creates a true transnationalist history that links developing American realities to political and social conflicts and resolutions in Europe, showing how the relationships among states, churches, and publics were contested from the beginning of the colonial era and produced a society that no one had anticipated. Accidental Pluralism is an ambitious and comprehensive new account of the origins of American religious life that compels us to refine our narratives about what came to be seen as American values and their distinct relationship to religion and politics.
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: 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.
Author: Günter Frankenberg
Publisher: Edward Elgar Publishing
ISBN: 1781952116
Category : Law
Languages : en
Pages : 383
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Book Description
ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.
Author: Lando Kirchmair
Publisher: Cambridge University Press
ISBN: 1009380206
Category : Law
Languages : en
Pages : 421
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Book Description
Provides new insights for solving conflicts between International, EU and National Law by rethinking the relationship between the three.
