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Author: William Twining
Publisher: Cambridge University Press
Published: 2000-03
Total Pages: 300
ISBN-13: 9780521605946
DOWNLOAD EBOOKThe text makes the case for a revival of general jurisprudence in response to globalisation.
Author: William Twining
Publisher:
Published: 2001
Total Pages: 300
ISBN-13:
DOWNLOAD EBOOKEven local newspapers report on famines, global warming, human rights, the Internet, volatile financial markets, and world sports. Globalisation is news. What does it mean? What are the implications for understanding law? Can one look at law intelligently from a global perspective? This book addresses such issues by asking how traditional Anglo-American legal theory can respond to the challenges of globalisation. A series of critical, in-depth essays focus both on familiar figures, such as Bentham, Holmes, Hart, Dworkin, and Rawls, and on legal pluralism, comparative law, and post-modernism, represented by Santos and Calvino. The author explores the uses and limitations of our heritage of legal theory in dealing with the complexities of ordering relations at global, international, transnational, regional, national, sub-state, and local levels. In the process, he considers a wide range of issues, such as: Is law becoming detached from the nation state? Is humankind a single moral community? Why is drawing a general map of law in the world more difficult? Is depicting a legal order like depicting cities? What is the relationship between post-modernism and globalisation? The book ends with some provocative proposals for reviving general jurisprudence and rethinking comparative law. Readable, imaginative, and challenging, this book should be read by students of jurisprudence, comparative lawyers, and anyone interested in issues of globalisation.
Author: William L. Twining
Publisher: Cambridge University Press
Published: 2000
Total Pages: 279
ISBN-13: 9780406913593
DOWNLOAD EBOOKThe text makes the case for a revival of general jurisprudence in response to globalisation.
Author: William Twining
Publisher:
Published: 2011
Total Pages: 0
ISBN-13: 9789058506825
DOWNLOAD EBOOKAt the Montesquieu seminars, new developments in legal theory are explored and discussed. Fundamental problems experienced in the (practices of) law are reflected critically. A broad range of disciplines contribute at these attempts of sustained critical reflection. No particular school of legal theory is preferred over another. Tilburg Law School has an open mind for new approaches to law and does not want to limit the debate to the agenda set by some school, movement, or discipline. As a result, while the seminars are conceived around urgent actual problems, the focus is interdisciplinary. Due to this, the Montesquieu seminars are especially interesting for national and local politicians, students, policy makers, advisory bodies, entrepreneurs, business management, advocacy, and the judiciary. This book contains a written version of the sixth Montesquieu seminar, which was held in September 2009 by William Twining.
Author: Werner F. Menski
Publisher: Cambridge University Press
Published: 2006-03-30
Total Pages: 565
ISBN-13: 1139452711
DOWNLOAD EBOOKNow in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.
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: Boaventura de Sousa Santos
Publisher: Cambridge University Press
Published: 2005-09-08
Total Pages: 424
ISBN-13: 9781139446143
DOWNLOAD EBOOKThis 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.
Author: Jean L. Cohen
Publisher: Cambridge University Press
Published: 2012-08-02
Total Pages: 455
ISBN-13: 1139560263
DOWNLOAD EBOOKSovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Author: Guillaume Tusseau
Publisher: Springer Nature
Published: 2020-02-24
Total Pages: 343
ISBN-13: 3030344320
DOWNLOAD EBOOKThe book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.
Author: Luca Siliquini-Cinelli
Publisher: Springer Nature
Published: 2019-08-30
Total Pages: 315
ISBN-13: 3030247058
DOWNLOAD EBOOKA 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.
