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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: Paul Schiff Berman
Publisher: Cambridge University Press
ISBN: 1107376912
Category : Law
Languages : en
Pages : 357
Get Book Here
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: 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: Gebreyesus Yimer
Publisher: Springer
ISBN: 9783031716522
Category : Law
Languages : en
Pages : 0
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Book Description
This open access book provides detailed information on informal credit markets in Africa and how various legal systems affect these markets. Laws that impose strict formalism exclude many people from the financial system. The lessons learned from the informal credit markets in Ethiopia and South Africa indicate that pluralism offers better opportunities for people to access affordable and sustainable financial services. Inclusive legal systems promote inclusive financial systems. Therefore, international development organisations, financial institutions, international financial policymakers and standard setters should embrace pluralism to foster sustainable, inclusive and equitable financial systems. Pluralism recognises local innovation and creativity, which are vital for inclusive financial systems to flourish. In developing countries, many people who have no or only limited access to the services of official financial institutions often depend on informal credit markets. National law is the most critical element in terms of determining the operations of informal credit markets, defining the boundaries between formal and informal markets, and shaping the consequences of involvement in informal credit markets. This book will interest researchers, scholars, and students in the fields of legal theory, law and society, law and anthropology, legal pluralism, law and culture, and African law. However, its relevance extends beyond academia, offering policymakers involved in inclusive finance, law and development, and financial regulation in developing countries valuable insights and perspectives to inform their decisions and strategies.
Author: Jean L. Cohen
Publisher: Cambridge University Press
ISBN: 1139560263
Category : Political Science
Languages : en
Pages : 455
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Book Description
Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Author: Laura Grenfell
Publisher: Cambridge University Press
ISBN: 1107026199
Category : History
Languages : en
Pages : 331
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Book Description
Laura Grenfell critically evaluates how the rule of law is contextualized and promoted in states where customary law is prevalent.
Author: Eva Wollenberg
Publisher:
ISBN:
Category : Electronic book
Languages : en
Pages :
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Book Description
Author: Bob Fu
Publisher: Pickwick Publications
ISBN: 1725267519
Category : Religion
Languages : en
Pages : 327
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Book Description
""Long live the red terror!"" This and other political slogans were used by China's communist rulers as leverage for conflict and conflict management during 1949. China's Cultural Revolution movement understandably fueled anger, fear, and terror among Chinese citizens. Currently, contrary to the positive facade that China, under the control of the Communist Chinese Party (CCP), tries to project regarding human rights, a dark reality reveals a brutal authoritarian state with no concern for religious freedom. What guiding philosophy could best help procure, provide, and protect religious freedom for all in a post-communist, Christianized, democratic China? Bob Fu argues that while various Christianity-oriented theories may appear promising, they fail to provide an adequate pluralistic foundation for protecting the religious freedoms of people of all faiths and none. The predominant theory of political liberalism in the West likewise fails to prove sufficiently inclusive for all faiths and worldviews. As an alternative, the author defends Baorong Duoyuan (inclusive pluralism), his own contextualized theory modeled after principled pluralism. This model, he believes, has the potential to help ensure that religious freedom for all becomes a reality.
Author: Pedi Obani
Publisher: CRC Press
ISBN: 042986597X
Category : Science
Languages : en
Pages : 381
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Book Description
Over a third of the current 7.3 billion people worldwide are burdened with poor sanitation services. The resulting social, relational and ecological exclusion make the realisation of the human right to sanitation (HRS) a critical concern development concern. However, the literature has evolved in a largely compartmentalised manner, focusing on the formal recognition of the HRS in domestic legal systems, without sufficiently addressing the drivers of poor sanitation services. This research expounds on the impact of the HRS on human wellbeing and the environment within the context of a developing country like Nigeria as a case study. The findings show that contrary to the focus in the literature, the drivers of poor sanitation services are not confined to legal factors, such as the formal recognition of the HRS within domestic legal systems. Rather, the drivers include social, economic and environmental limitations to improved sanitation services. Based on the findings, the book argues that the focus in the literature on the formal recognition of the HRS in national legal systems is insufficient for tackling the main drivers of poor sanitation services. It is therefore necessary to reformulate the HRS discourse using complementary governance instruments that advance social, relational and ecological inclusion.
Author: Lauren Benton
Publisher: NYU Press
ISBN: 0814708188
Category : Law
Languages : en
Pages : 325
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Book Description
This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.
Author:
Publisher: Oxford University Press
ISBN: 0192692992
Category : Law
Languages : en
Pages : 865
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Book Description
Since the mid-twentieth century, 'international law' and 'international development' have become two of the most prominent secular languages through which aspirations about a better world are articulated.. They have shaped the both the treatment and self-understanding of the 'developing' world, often by positing the West as a universal model against which developing states, their citizens, and natural environments should be measured and disciplined. In recent years, however, critical scholars have investigated the deep linkages between the concept of development, the doctrines and institutions of international law, and broader projects of ordering at the international level. They have shown how the leading models de-radicalise, if not derail, initiatives to redefine development and pursue other forms of global well-being. Bringing together scholars from both the Global South and the Global North, the contributions in this Handbook invite readers to consider the limits of common normative and developmentalist assumptions. At the same time, the Handbook demonstrates how disparate but still identifiable set of ideas, imaginaries, norms, and institutional practices - related to law, development and international governance - shape today's profoundly unequal material conditions, threatening the future of human and nonhuman life on the planet. The book focuses on five distinct areas: existing disciplinary frameworks, institutions and actors, regional theatres of international law and development, competing social and economic agendas, and alternative futures. Offering a unique overview of the field of international law and development and assembling major critical, historical, and political economic insights, this Handbook is an unmissable resource for scholars of international law, international relations, development studies, and global history, as well as anyone interested in the past, present, and future of our world.
