Ubiquitous Law

Ubiquitous Law PDF Author: Emmanuel Melissaris
Publisher: Routledge
ISBN: 1317005708
Category : Law
Languages : en
Pages : 286

Get Book Here

Book Description
Ubiquitous Law explores the possibility of understanding the law in dissociation from the State while, at the same time, establishing the conditions of meaningful communication between various legalities. This book argues that the enquiry into the legal has been biased by the implicit or explicit presupposition of the State's exclusivity to a claim to legality as well as the tendency to make the enquiry into the law the task of experts, who purport to be able to represent the legal community's commitments in an authoritative manner. Very worryingly, the experts' point of view then becomes constitutive of the law and parasitic to and distortive of people's commitments. Ubiquitous Law counter-suggests a new methodology for legal theory, which will not be based on rigid epistemological and normative assumptions but rather on self-reflection and mutual understanding and critique, so as to establish acceptable differences on the basis of a commonality.

Ubiquitous Law

Ubiquitous Law PDF Author: Emmanuel Melissaris
Publisher: Routledge
ISBN: 1317005708
Category : Law
Languages : en
Pages : 286

Get Book Here

Book Description
Ubiquitous Law explores the possibility of understanding the law in dissociation from the State while, at the same time, establishing the conditions of meaningful communication between various legalities. This book argues that the enquiry into the legal has been biased by the implicit or explicit presupposition of the State's exclusivity to a claim to legality as well as the tendency to make the enquiry into the law the task of experts, who purport to be able to represent the legal community's commitments in an authoritative manner. Very worryingly, the experts' point of view then becomes constitutive of the law and parasitic to and distortive of people's commitments. Ubiquitous Law counter-suggests a new methodology for legal theory, which will not be based on rigid epistemological and normative assumptions but rather on self-reflection and mutual understanding and critique, so as to establish acceptable differences on the basis of a commonality.

Concepts of Law

Concepts of Law PDF Author: Lukas Heckendorn Urscheler
Publisher: Routledge
ISBN: 1317162463
Category : Law
Languages : en
Pages : 270

Get Book Here

Book Description
Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ’governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.

Law and the Web of Society

Law and the Web of Society PDF Author: Cynthia L. Cates
Publisher: Georgetown University Press
ISBN: 9781589013575
Category : Political Science
Languages : en
Pages : 264

Get Book Here

Book Description
From birth certificates and marriage licenses to food safety regulations and speed limits, law shapes nearly every moment of our lives. Ubiquitous and ambivalent, the law is charged with both maintaining social order and protecting individual freedom. In this book, Cynthia L. Cates and Wayne V. McIntosh explore this ambivalence and document the complex relationship between the web of law and everyday life. They consider the forms and functions of the law, charting the American legal structure and judicial process, and explaining key legal roles. They then detail how it influences the development of individual identity and human relationships at every stage of our life cycle, from conception to the grave. The authors also use the word "web" in its technological sense, providing a section at the end of each chapter that directs students to relevant and useful Internet sites. Written for upper-level undergraduate and graduate students in law and society courses, Law and the Web of Society contains original research that also makes it useful to scholars. In daring to ask difficult questions such as "When does life begin?" and "Where does law begin?" this book will stimulate thought and debate even as it presents practical answers.

Comparing Law

Comparing Law PDF Author: Catherine Valcke
Publisher: Cambridge University Press
ISBN: 1108470068
Category : Law
Languages : en
Pages : 245

Get Book Here

Book Description
Reconstructs existing comparative law scholarship into a coherent analytic framework so as to both fend off current charges of theoretical arbitrariness and guide future work.

Ubiquitous Entrepreneurship

Ubiquitous Entrepreneurship PDF Author: Stefan Kalms
Publisher: BoD – Books on Demand
ISBN: 3844102868
Category : Business & Economics
Languages : en
Pages : 134

Get Book Here

Book Description
The main goal of this book is to emphasize the impact of ubiquity on scientific entrepreneurship and to promote practical ways to make scientific entrepreneurship ubiquitous within universities in order to create more startups, for economic and societal benefit. The book begins with a look at the state of research on ubiquity in humanities and information technology. First, the ubiquity of God in theology is analyzed, with a focus on the three major religions – Christianity, Islam, and Hinduism. Also, ubiquity in the field of law is investigated to examine whether and how ubiquity is described in jurisprudence and in how far it adds to the concept of ubiquity. Second, the field of IT is focused, where ubiquity occurs in the area of ubiquitous computing. The analysis of the state of research in humanities and information technology than allows the identification of certain characteristics of ubiquity. These characteristics are used as determinants to develop a model, consisting of a general ubiquitous entrepreneurship framework and a ubiquitous entrepreneurship board. This model was developed to ensure that each university can use the identified characteristics for ubiquity from theology and IT to individually define itself as an entrepreneurial university, and derive methods and instruments to promote ubiquitous entrepreneurship holistically.

Rethinking the Relationship Between International, EU and National Law

Rethinking the Relationship Between International, EU and National Law PDF Author: Lando Kirchmair
Publisher:
ISBN: 1009380192
Category : Law
Languages : en
Pages : 422

Get Book Here

Book Description
The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.

Law and Intersystemic Communication

Law and Intersystemic Communication PDF Author: Gorm Harste
Publisher: Routledge
ISBN: 1317107896
Category : Law
Languages : en
Pages : 378

Get Book Here

Book Description
With contributions from experts in the field of sociology of law, this book provides an overview of current perspectives on socio-legal studies. It focuses particularly on the relationship between law and society described in recent social systems theory as ’structural coupling’. The first part of the book presents a reconstruction of theoretical tendencies in the field of socio-legal studies, characterised by the emergence of a transnational model of legal systems no longer connected to territorial borders and culturally specific aspects of single legal orders. In the following parts of the book, the contributions analyse some concrete cases of interrelation between law and society from an empirical and theoretical perspective.

The European Union under Transnational Law

The European Union under Transnational Law PDF Author: Matej Avbelj
Publisher: Bloomsbury Publishing
ISBN: 1509911510
Category : Law
Languages : en
Pages : 187

Get Book Here

Book Description
For almost a decade the European Union has been stuck in a permanent crisis. Starting with domestic constitutional crises, followed by an imported financial crisis, it has evolved into a fully formed political crisis. This book argues that none of the crises are exclusively internal to the EU and the responses to date, which have taken inward looking approaches, are simply inadequate. Resolution can only come when the EU engages more fully with transnational law. This highly topical book offers an innovative dual focus on both transnational and EU law together. It sets out the relationship between the two frameworks by exploring practical concrete problems that transnational law has posed to the EU. These problems are explored from the perspective of four key tenets of both systems, namely the rule of law, democracy, the protection of human rights, and justice. It does this by advancing the theoretical framework of principled legal pluralism. In so doing it offers clear normative guidance as to how the relationship between EU and transnational law should be developed and fostered.

Culture in the Domains of Law

Culture in the Domains of Law PDF Author: René Provost
Publisher: Cambridge University Press
ISBN: 1107163331
Category : Law
Languages : en
Pages : 457

Get Book Here

Book Description
This book examines whether law, as a cultural practice, can apply across cultural boundaries to bind people with vastly different beliefs and practices.

The Emergence of EU Contract Law

The Emergence of EU Contract Law PDF Author: Lucinda Miller
Publisher: OUP Oxford
ISBN: 0191018457
Category : Law
Languages : en
Pages : 332

Get Book Here

Book Description
The emergence of a pan-European contract law is one of the most significant legal developments in Europe today. The Emergence of EU Contract Law: Exploring Europeanization examines the origins of the discipline and its subsequent evolution. It brings the discussion up-to-date with full analysis of the debate on the Common Frame of Reference and the future that this ambiguous instrument may have in the contemporary European legal framework. One of the central themes of the book is exploration of the multi-level, open architecture of the EU legal order, and the implications of that architecture for the EU's private law programme. The analysis demonstrates that the key to understanding European contract law in the 21st century lies in adopting a perspective and mechanisms suitable for a legal order populated by multiple sources of private law. Legal pluralism is offered as a theoretical construct with the capacity to shape the future of European private law, shifting the analytical spotlight beyond the traditional, centralized, legislative means of regulation. In so doing, softer mechanisms are introduced for the governance of contract law; mechanisms that enable coordination between the different sites at which contract law operates. This reorientation in thinking about European contract law, indeed about Europeanization itself, enables the inevitable diversity and pluralism that is a feature of multi-level Europe to be captured within a framework that maximizes the opportunities for mutual learning and exchange across private law sites.