"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
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.
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
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.
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
William Connolly, one of the best-known and most important political theorists writing today, is a principal architect of the “new pluralism.” In this volume, leading thinkers in contemporary political theory and international relations provide a comprehensive investigation of the new pluralism, Connolly’s contributions to it, and its influence on the fields of political theory and international relations. Together they trace the evolution of Connolly’s ideas, illuminating his challenges to the “old,” conventional pluralist theory that dominated American and British political science and sociology in the second half of the twentieth century. The contributors show how Connolly has continually revised his ideas about pluralism to take into account radical changes in global politics, incorporate new theories of cognition, and reflect on the centrality of religion in political conflict. They engage his arguments for an agonistic democracy in which all fundamentalisms become the objects of politicization, so that differences are not just tolerated but are productive of debate and the creative source of a politics of becoming. They also explore the implications of his work, often challenging his views to widen the reach of even his most recently developed theories. Connolly’s new pluralism will provoke all citizens who refuse to subordinate their thinking to the regimes in which they reside, to religious authorities tied to the state, or to corporate interests tied to either. The New Pluralism concludes with an interview with Connolly in which he reflects on the evolution of his ideas and expands on his current work. Contributors: Roland Bleiker, Wendy Brown, David Campbell, William Connolly, James Der Derian, Thomas L. Dumm, Kathy E. Ferguson, Bonnie Honig, George Kateb, Morton Schoolman Michael J. Shapiro, Stephen K. White
In this comprehensive study, problems of racial and religious division are examines in places as diverse as Northern Ireland and the West Bank. Territorial and spatial expression, intergovernmental relationships in federal states, alliance blocs within the United Nations and American foreign policy are among the wide range of subjects covered. The problems are considered using both traditional and radical approaches, but throughout, the book argues that apply the concept of pluralism isn the best way of understanding the political geography of the modern world.
In the three years since Donald Trump first announced his plans to run for president, the United States seems to become more dramatically polarized and divided with each passing month. There are seemingly irresolvable differences in the beliefs, values, and identities of citizens across the country that too often play out in our legal system in clashes on a range of topics such as the tensions between law enforcement and minority communities. How can we possibly argue for civic aspirations like tolerance, humility, and patience in our current moment? In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—strive to live together peaceably despite our deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties and differing viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but also lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion. With a new preface that addresses the election of Donald Trump, the decline in civic discourse after the election, the Nazi march in Charlottesville, and more, this new edition of Confident Pluralism is an essential clarion call during one of the most troubled times in US history. Inazu argues for institutions that can work to bring people together as well as political institutions that will defend the unprotected. Confident Pluralism offers a refreshing argument for how the legal system can protect peoples’ personal beliefs and differences and provides a path forward to a healthier future of tolerance, humility, and patience.
This title will remind older Singaporeans of ages from their past while providing a younger generation with a novel perspective of their country's past struggles. It reveals a complex situation which gives weight to the middle years of the 20th century as a period that offered real altenatives.