Author: David Roth-Isigkeit
Publisher: Springer
ISBN: 3319728563
Category : Political Science
Languages : en
Pages : 306
Book Description
This book provides a comprehensive introduction to global legal thought. It argues that economic globalization and digitalization have induced significant insecurity about the future of human social organization. While traditional international law as a system based on the consent of national states is in the process of rapid adaptation to its new social preconditions, a variety of transnational regulatory levels compete for legal authority. In this process of change, there is more need than ever to guide the theoretical understanding because academic concepts have a crucial influence on the emerging practice of global law. This book highlights which choices are available and argues that global law requires taking a stand in mutually irreconcilable choices.
The Plurality Trilemma
The Many and the One
Author: Salvatore Florio
Publisher: Oxford University Press
ISBN: 0198791526
Category : Philosophy
Languages : en
Pages : 329
Book Description
Plural logic has seen a surge of interest in recent years. This book explores its broader significance for philosophy, logic, and linguistics. What can plural logic do for us? Are the bold claims made on its behalf correct? The result is a more nuanced picture of plural logic's applications than has been given thus far.
Publisher: Oxford University Press
ISBN: 0198791526
Category : Philosophy
Languages : en
Pages : 329
Book Description
Plural logic has seen a surge of interest in recent years. This book explores its broader significance for philosophy, logic, and linguistics. What can plural logic do for us? Are the bold claims made on its behalf correct? The result is a more nuanced picture of plural logic's applications than has been given thus far.
Scientia Iuris
Author: Luca Siliquini-Cinelli
Publisher: Springer Nature
ISBN: 3031519361
Category :
Languages : en
Pages : 393
Book Description
Publisher: Springer Nature
ISBN: 3031519361
Category :
Languages : en
Pages : 393
Book Description
Global Rights?
Author:
Publisher: Oxford University Press
ISBN: 0198940173
Category : Law
Languages : en
Pages : 273
Book Description
What is the place of human rights law within global governance? How can we safeguard human rights in various sites of global governance? What is the role of the state, non-state actors, and global governance institutions in all this? Global Rights?: Human Rights in Complex Governance interrogates how human rights and global governance interact with various sub-fields of international and transnational regulation to answer these foundational questions. The volume offers a detailed exploration of the role of human rights in global governance contexts, such as the sovereign debt regime, global value chains, development assistance, international food governance, and the laws of war. Through an in-depth study of several global governance regimes based on diverse theoretical and methodological approaches, this volume challenges the mainstream discourse on the evolution of human rights law and its limits. As a result, issue areas that are rarely in conversation with each other--such as the World Bank's practices and the law on the use of force--are examined through a common analytical framework that is both rich and flexible enough to shed new light on individual areas of concern and simultaneously reflect on cross-cutting themes. Bringing human rights experts together with leading scholars in the law of international organizations, public finance, corporations, and use of force, Global Rights? thus serves as a contemporary reflection and set of arguments on how to study and productively think about human rights in complex governance settings.
Publisher: Oxford University Press
ISBN: 0198940173
Category : Law
Languages : en
Pages : 273
Book Description
What is the place of human rights law within global governance? How can we safeguard human rights in various sites of global governance? What is the role of the state, non-state actors, and global governance institutions in all this? Global Rights?: Human Rights in Complex Governance interrogates how human rights and global governance interact with various sub-fields of international and transnational regulation to answer these foundational questions. The volume offers a detailed exploration of the role of human rights in global governance contexts, such as the sovereign debt regime, global value chains, development assistance, international food governance, and the laws of war. Through an in-depth study of several global governance regimes based on diverse theoretical and methodological approaches, this volume challenges the mainstream discourse on the evolution of human rights law and its limits. As a result, issue areas that are rarely in conversation with each other--such as the World Bank's practices and the law on the use of force--are examined through a common analytical framework that is both rich and flexible enough to shed new light on individual areas of concern and simultaneously reflect on cross-cutting themes. Bringing human rights experts together with leading scholars in the law of international organizations, public finance, corporations, and use of force, Global Rights? thus serves as a contemporary reflection and set of arguments on how to study and productively think about human rights in complex governance settings.
Explanatory Pluralism
Author: C. Mantzavinos
Publisher: Cambridge University Press
ISBN: 110712851X
Category : Philosophy
Languages : en
Pages : 237
Book Description
This book proposes a new philosophical theory of scientific explanation by developing and defending the position of explanatory pluralism.
Publisher: Cambridge University Press
ISBN: 110712851X
Category : Philosophy
Languages : en
Pages : 237
Book Description
This book proposes a new philosophical theory of scientific explanation by developing and defending the position of explanatory pluralism.
Constitutional Semiotics
Author: Martin Belov
Publisher: Bloomsbury Publishing
ISBN: 1509931414
Category : Law
Languages : en
Pages : 361
Book Description
This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.
Publisher: Bloomsbury Publishing
ISBN: 1509931414
Category : Law
Languages : en
Pages : 361
Book Description
This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.
Jesus Christ for Contemporary Life
Author: Don Schweitzer
Publisher: Wipf and Stock Publishers
ISBN: 1556351070
Category : Religion
Languages : en
Pages : 319
Book Description
Jesus Christ for Contemporary Life is an understanding of Jesus as the Word of God, grounded in what can be known historically of Jesus and informed by subsequent reflection upon him, which hopes to help shape a Christian identity characterized by "bounded openness." Don Schweitzer moves from the historical Jesus to the present in three parts. In the first part Schweitzer develops an understanding of Jesus as the Word of God, who became incarnate to give the goodness and beauty of God further expression in time and space. Second, he explores how various atonement theories articulate ways in which Jesus empowers people to further express this beauty and goodness in their own lives. And finally, Schweitzer explores how Jesus relates to people in the church, to the events and movements in history, to other religions, and to Christians in their dialogue with God in prayer.
Publisher: Wipf and Stock Publishers
ISBN: 1556351070
Category : Religion
Languages : en
Pages : 319
Book Description
Jesus Christ for Contemporary Life is an understanding of Jesus as the Word of God, grounded in what can be known historically of Jesus and informed by subsequent reflection upon him, which hopes to help shape a Christian identity characterized by "bounded openness." Don Schweitzer moves from the historical Jesus to the present in three parts. In the first part Schweitzer develops an understanding of Jesus as the Word of God, who became incarnate to give the goodness and beauty of God further expression in time and space. Second, he explores how various atonement theories articulate ways in which Jesus empowers people to further express this beauty and goodness in their own lives. And finally, Schweitzer explores how Jesus relates to people in the church, to the events and movements in history, to other religions, and to Christians in their dialogue with God in prayer.
Contemporary Materialism: Its Ontology and Epistemology
Author: Gustavo E. Romero
Publisher: Springer Nature
ISBN: 3030894886
Category : Science
Languages : en
Pages : 390
Book Description
This book provides an up-to-date revision of materialism’s central tenets, its main varieties, and the place of materialistic philosophy vis a vis scientific knowledge. Materialism has been the subject of extensive and rich controversies since Robert Boyle introduced the term for the first time in the 17th century. But what is materialism and what can it offer today? The term is usually defined as the worldview according to which everything real is material. Nevertheless, there is no philosophical consensus about whether the meaning of matter can be enlarged beyond the physical. As a consequence, materialism is often defined in stark exclusive and reductionist terms: whatever exists is either physical or ontologically reducible to it. This conception, if consistent, mutilates reality, excluding the ontological significance of political, economic, sociocultural, anthropological and psychological realities. Starting from a new history of materialism, the present book focuses on the central ontological and epistemological debates aroused by today’s leading materialist approaches, including some little known to an anglophone readership. The key concepts of matter, system, emergence, space and time, life, mind, and software are checked over and updated. Controversial issues such as the nature of mathematics and the place of reductionism are also discussed from different materialist approaches. As a result, materialism emerges as a powerful, indispensable scientifically-supported worldview with a surprising wealth of nuances and possibilities.
Publisher: Springer Nature
ISBN: 3030894886
Category : Science
Languages : en
Pages : 390
Book Description
This book provides an up-to-date revision of materialism’s central tenets, its main varieties, and the place of materialistic philosophy vis a vis scientific knowledge. Materialism has been the subject of extensive and rich controversies since Robert Boyle introduced the term for the first time in the 17th century. But what is materialism and what can it offer today? The term is usually defined as the worldview according to which everything real is material. Nevertheless, there is no philosophical consensus about whether the meaning of matter can be enlarged beyond the physical. As a consequence, materialism is often defined in stark exclusive and reductionist terms: whatever exists is either physical or ontologically reducible to it. This conception, if consistent, mutilates reality, excluding the ontological significance of political, economic, sociocultural, anthropological and psychological realities. Starting from a new history of materialism, the present book focuses on the central ontological and epistemological debates aroused by today’s leading materialist approaches, including some little known to an anglophone readership. The key concepts of matter, system, emergence, space and time, life, mind, and software are checked over and updated. Controversial issues such as the nature of mathematics and the place of reductionism are also discussed from different materialist approaches. As a result, materialism emerges as a powerful, indispensable scientifically-supported worldview with a surprising wealth of nuances and possibilities.
Legal Positivism in a Global and Transnational Age
Author: Luca Siliquini-Cinelli
Publisher: Springer Nature
ISBN: 3030247058
Category : Law
Languages : en
Pages : 315
Book Description
A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.
Publisher: Springer Nature
ISBN: 3030247058
Category : Law
Languages : en
Pages : 315
Book Description
A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.
States of exclusion
Author: Nicolaas Buitendag
Publisher: AOSIS
ISBN: 1779952414
Category : Law
Languages : en
Pages : 232
Book Description
The theoretical underpinnings of public international law have taken the sovereign status of the nation-state for granted since the beginning of the modern era. After centuries of evolution in legal and political thought, the state's definition as a bounded territorial unit has been strictly codified. The legal development of the nation-state was an ideological project informed by extra-legal considerations. Additionally, the ever-narrowing scope of the juridical idea of sovereignty functioned as a boundary mechanism instrumental in colonising Africa and other regions. While international law claims universal liberalism today, the current system based on sovereign nation-states represents not social inclusion but fierce and dangerous exclusion. The central thesis of this book is that the development of legal sovereignty was, rather than part of the modernist progress narrative, a historically contingent evolutionary regression. While other social systems such as economics and science became globalised, politics and law counterintuitively became more territorialised. It is argued that the nation-state today is not only anachronistic but is dangerously ill-equipped for facing international problems such as the climate crisis or global pandemics. Finally, it also leaves African states and many other formerly-colonised territories at a particular disadvantage by regulating their political practices into a predefined mould.
Publisher: AOSIS
ISBN: 1779952414
Category : Law
Languages : en
Pages : 232
Book Description
The theoretical underpinnings of public international law have taken the sovereign status of the nation-state for granted since the beginning of the modern era. After centuries of evolution in legal and political thought, the state's definition as a bounded territorial unit has been strictly codified. The legal development of the nation-state was an ideological project informed by extra-legal considerations. Additionally, the ever-narrowing scope of the juridical idea of sovereignty functioned as a boundary mechanism instrumental in colonising Africa and other regions. While international law claims universal liberalism today, the current system based on sovereign nation-states represents not social inclusion but fierce and dangerous exclusion. The central thesis of this book is that the development of legal sovereignty was, rather than part of the modernist progress narrative, a historically contingent evolutionary regression. While other social systems such as economics and science became globalised, politics and law counterintuitively became more territorialised. It is argued that the nation-state today is not only anachronistic but is dangerously ill-equipped for facing international problems such as the climate crisis or global pandemics. Finally, it also leaves African states and many other formerly-colonised territories at a particular disadvantage by regulating their political practices into a predefined mould.