Toward a New Legal Common Sense

Toward a New Legal Common Sense PDF Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 9780406949974
Category : Law
Languages : en
Pages : 596

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Book Description
The text emphasises a need for reconstruction of legality based on locality, nationality and globality.

Toward a New Legal Common Sense

Toward a New Legal Common Sense PDF Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 9780406949974
Category : Law
Languages : en
Pages : 596

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Book Description
The text emphasises a need for reconstruction of legality based on locality, nationality and globality.

Toward a New Legal Common Sense

Toward a New Legal Common Sense PDF Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 1107157846
Category : Law
Languages : en
Pages : 699

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Book Description
In a period of paradigmatic transition, Toward a New Legal Common Sense aims to devolve to law its emancipatory potential.

Diaspora, Law and Literature

Diaspora, Law and Literature PDF Author: Klaus Stierstorfer
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110488213
Category : Language Arts & Disciplines
Languages : en
Pages : 315

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Book Description
The well-known challenges of international migration have triggered new departures in academic approaches, with 'diaspora studies' evolving as an interdisciplinary and even transdisciplinary field of study. Its emerging methodology shares concerns with another interdisciplinary field, the study of the relations between law and literature, which focuses on the ways in which the two cultural practices of law and literature mutually negotiate each other and on the question after the ontological commensurability of the domains. This volume offers, for the first time, an attempt to provide an interface between these overlapping interdisciplinary endeavours of literary studies, legal studies, and diaspora studies. In doing so, it explores new approaches and invites new perspectives on diasporas, migration and the disciplines that study them, hopefull also adding to the cultural resources of coping with a swiftly changing social landscape in a globalizing world.

Toward a New Legal Common Sense

Toward a New Legal Common Sense PDF Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 1108889204
Category : Law
Languages : en
Pages : 699

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Book Description
Paradigmatic transition is the idea that ours is a time of transition between the paradigm of modernity, which seems to have exhausted its regenerating capacities, and another, emergent time, of which so far we have seen only signs. Modernity as an ambitious and revolutionary sociocultural paradigm based on a dynamic tension between social regulation and social emancipation, the prevalent dynamic in the sixteenth century, has by the twenty-first century tilted in favour of regulation, to the determent of emancipation. The collapse of emancipation into regulation, and hence the impossibility of thinking about social emancipation consistently, symbolizes the exhaustion of the paradigm of modernity. At the same time, it signals the emergence of a new paradigm or new paradigms. This updated 2020 edition is written for students taking law and globalization courses, and political science, philosophy and sociology students doing optional subjects.

Law and Globalization from Below

Law and Globalization from Below PDF Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 9781139446143
Category : Political Science
Languages : en
Pages : 424

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Book Description
This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.

Leading Works on the Legal Profession

Leading Works on the Legal Profession PDF Author: Daniel Newman
Publisher: Taylor & Francis
ISBN: 100091593X
Category : Law
Languages : en
Pages : 265

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Book Description
This collection provides an innovative and engaging way of assessing the development of legal profession scholarship and its potential future development by presenting an analysis of the ‘leading works’ of the discipline. The book was written by prominent and emerging international scholars in the field, with each contributor having been invited to select and analyse a work which has for them shed light on what the legal profession is and what it does. The chapters explore the effect that the chosen work has had upon legal profession scholarship as a whole, both within particular jurisdictions and internationally. Contributors also reflect upon the likely implications of the leading work on the future study of and application to the legal profession. They relate the works to recent and contemporary developments in law and access to justice, such as the rise of technology, impact of the Covid-19 pandemic, and issues of funding, to highlight the interpretative value of such scholarship. Presenting an overview and introduction to the field of legal profession research, the collection will be required reading for researchers looking to study any aspect of the legal profession. It will also prove compelling for a wide variety of access to justice and justice system research projects. The book will also appeal to scholars interested in legal ethics.

Law after Modernity

Law after Modernity PDF Author: Sionaidh Douglas-Scott
Publisher: A&C Black
ISBN: 1782251200
Category : Law
Languages : en
Pages : 648

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Book Description
How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.

Redirecting Human Rights

Redirecting Human Rights PDF Author: A. Grear
Publisher: Springer
ISBN: 0230274633
Category : Law
Languages : en
Pages : 289

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Book Description
Against the backdrop of globalization and mounting evidence of the corporate subversion of the Universal Declaration of Human Rights paradigm, Anna Grear interrogates the complex tendencies within law that are implicated in the emergence of 'corporate humanity'. Grear presents a critical account of legal subjectivity, linking it with law's intimate relationship with liberal capitalism in order to suggest law's special receptivity to the corporate form. She argues that in the field of human rights law, particularly within the Universal Declaration of Human Rights paradigm, human embodied vulnerability should be understood as the foundation of human rights and as a key qualifying characteristic of the human rights subject. The need to redirect human rights in order to resist their colonization by powerful economic global actors could scarcely be more urgent.

Democratizing Democracy

Democratizing Democracy PDF Author: Boaventura de Sousa Santos
Publisher: Verso Books
ISBN: 178960317X
Category : Political Science
Languages : en
Pages : 843

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Book Description
The majorconflicts between the Global North and the South can be expected toresult from the confrontation of alternative conceptions of democracy,mainly between liberal or representative democracy and participatorydemocracy. The hegemonic model of democracy, while prevailing on aglobal scale, guarantees no more than low-intensity democracy. Inrecent times, participatory democracy has exhibited a new dynamic,engaging mainly subaltern communities and social groups that fightagainst social exclusion and the suppression of citizenship. In thiscollection of reports from the Global South-India, South Africa,Mozambique, Colombia, and Brazil-De Sousa Santos and his colleaguesshow how, in some cases, the deepening of democracy results from thedevelopment of dual forms of participatory and representativedemocracy, and points to the emergence of transnational networks ofparticipatory democracy initiatives. Such networks pave one of the waysto the reinvention of social emancipation. This is volume 1 of the Reinventing Social Emancipation project, edited by Boaventura de Sousa Santos.

Designing Indicators for a Plural Legal World

Designing Indicators for a Plural Legal World PDF Author: Siddharth Peter de Souza
Publisher: Cambridge University Press
ISBN: 1316514897
Category : Law
Languages : en
Pages : 288

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Book Description
It pluralises the conversation around legal indicators by considering the diversity of law and legal institutions in the Global South.