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Author: Helge Dedek
Publisher: Cambridge University Press
Published: 2021-12-16
Total Pages: 325
ISBN-13: 1108841724
DOWNLOAD EBOOKInspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Author: Helge Dedek
Publisher: Cambridge University Press
Published: 2021-12-16
Total Pages: 325
ISBN-13: 1108899137
DOWNLOAD EBOOKH. Patrick Glenn (1940–2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed.
Author: Helge Dedek
Publisher:
Published: 2022
Total Pages:
ISBN-13: 9781108894760
DOWNLOAD EBOOK"I have always thought that Patrick Glenn's personal features, his modest and unassuming way of communicating, his persistent open-mindedness to new and others' arguments, also lie at the core of his scholarly work. In the following pages, I will try to show this connection by putting in context and in perspective his legacy as a scholar. Notwithstanding his impressive production, there is no doubt that Patrick Glenn will be long remembered for his opus magnum and for the debates it triggered. In my view, Legal Traditions of the World1 is grounded upon three key notions: Law, Tradition, and Conciliation. I will address these notions critically and sequentially, as if they were strands of a thread through which both Patrick Glenn's personality and scholarship are woven"--
Author: Paul Schiff Berman
Publisher: Cambridge University Press
Published: 2012-02-27
Total Pages: 357
ISBN-13: 1107376912
DOWNLOAD EBOOKWe 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: H. Patrick Glenn
Publisher: Oxford University Press, USA
Published: 2004
Total Pages: 408
ISBN-13:
DOWNLOAD EBOOKPrevious edition, 1st, published in 2000.
Author: Alec Stone Sweet
Publisher: Oxford University Press
Published: 2018-05-01
Total Pages: 305
ISBN-13: 0192559168
DOWNLOAD EBOOKIn this book, Alec Stone Sweet and Clare Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the European Court of Human Rights (ECtHR) and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.
Author: William Twining
Publisher: Cambridge University Press
Published: 2009-02-12
Total Pages: 519
ISBN-13: 113947538X
DOWNLOAD EBOOKThis book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory.
Author: H Patrick Glenn
Publisher: OUP Oxford
Published: 2013-05-23
Total Pages: 399
ISBN-13: 0199682429
DOWNLOAD EBOOKThe idea of the 'nation-state' has failed, Glenn argues, and a major shift in our understanding of the state is needed. He provides an original approach by situating cosmopolitanism in its historical context and demonstrating that the state is necessarily cosmopolitan in character, and has always been subject to transnational law-making.
Author: Giuseppe Franco Ferrari
Publisher: BRILL
Published: 2019-09-24
Total Pages: 915
ISBN-13: 9004297596
DOWNLOAD EBOOKJudicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.
Author: Alec Stone Sweet
Publisher: Oxford University Press
Published: 2018-05-08
Total Pages: 284
ISBN-13: 0192559176
DOWNLOAD EBOOKIn this book, Alec Stone Sweet and Clare Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the European Court of Human Rights (ECtHR) and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.
