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Book
Entangled legalities beyond the state
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Year: 2021 Publisher: Cambridge, UK : Cambridge University Press,

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Abstract

Law is usually understood as an orderly, coherent system, but this volume shows that it is often better understood as an entangled web. Bringing together eminent contributors from law, political science, sociology, anthropology, history and political theory, it also suggests that entanglement has been characteristic of law for much of its history. The book shifts the focus to the ways in which actors create connections and distance between different legalities in domestic, transnational and international law. It examines a wide range of issue areas, from the relationship of state and indigenous orders to the regulation of global financial markets, from corporate social responsibility to struggles over human rights. The book uses these empirical insights to inform new theoretical approaches to law, and by placing the entanglements between norms from different origins at the centre of the study of law, it opens up new avenues for future legal research. This title is also available as Open Access.


Book
Constitutionalism and transnational governance failures
Authors: ---
ISBN: 9004693726 Year: 2024 Publisher: Leiden, Netherlands ; Boston : Brill/Nijhoff,

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This book explores strategies for limiting transnational market failures, governance failures and constitutional failures impeding protection of the universally agreed sustainable development goals like climate change mitigation and access to justice and transnational rule-of-law.


Book
Die Tagesschau-App und die Notwendigkeit der Schaffung eines Intermedienkollisionsrechts
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ISBN: 1000035590 3731500558 Year: 2013 Publisher: Karlsruhe : KIT Scientific Publishing,

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The article takes up the example of online news-services to describe the overall purpose of Germany's public broadcasting corporation within the new networks of electronic media. It argues that the rise of the Internet is an evolutionary jump in the history of media. For this reason the traditional constitutional regime of guaranteeing pluralism in broadcasting can no longer be applied as a rationale and justification. Rather, a new constitutional type of conflict of law rules should be inaugurated to cope with the rising economic competition between public and private online news-services.


Book
Insolvenzrechtliche Gläubigerautonomie im Gläubigerausschuss
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ISBN: 3428556062 3428156064 3428856066 Year: 2019 Publisher: Berlin : Duncker & Humblot,

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Book
The Rahui : legal pluralism in Polynesian traditional management of resources and territories
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ISBN: 192502279X 1925022919 9781925022919 Year: 2016 Publisher: ANU Press

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This collection deals with an ancient institution in Eastern Polynesia called the rahui, a form of restricting access to resources and/or territories. While tapu had been extensively discussed in the scientific literature on Oceanian anthropology, the rahui is quite absent from secondary modern literature. This situation is all the more problematic because individual actors, societies, and states in the Pacific are readapting such concepts to their current needs, such as environment regulation or cultural legitimacy. This book assembles a comprehensive collection of current works on the rahui from a legal pluralism perspective. This study as a whole underlines the new assertion of identity that has flowed from the cultural dimension of the rahui. Today, rahui have become a means for indigenous communities to be fully recognised on a political level. Some indigenous communities choose to restore the rahui in order to preserve political control of their territory or, in some cases, to get it back. For the state, better control of the rahui represents a way of asserting its legitimacy and its sovereignty, in the face of this reassertion by indigenous communities.


Book
Conquest and the law in Swedish Livonia (ca. 1630-1710) : a case of legal pluralism in early modern Europe
Author:
ISBN: 9004331530 Year: 2017 Publisher: Brill

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In Conquest and the Law in Swedish Livonia (ca. 1630-1710) , Heikki Pihlajamäki offers an exciting account of the law and judiciary in seventeenth-century Livonia. Immediately after Sweden conquered the province in the 1620s, a reorganization of the Livonian judiciary began. Its legal order became largely modelled after Swedish law, which differed in important ways from its Livonian counterpart. While Livonian legal tradition was firmly anchored in the European ius commune , the conquerors’ law was, by nature, not founded in legal learning. The volume convincingly demonstrates how the differences in legal cultures decisively affected the way Livonian judicial and procedural systems were shaped. Based on archival sources, the study presents an important contribution to the comparative legal history of the early modern period.


Book
Negotiating diversity : identity, pluralism and democracy
Authors: --- ---
ISBN: 2875741713 1322071756 3035264422 3035295794 9782875741714 Year: 2014 Publisher: Bern Peter Lang International Academic Publishing Group

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This book provides new insights into the negotiation and management of diversity in complex democratic settings. Much debate has been generated recently over questions of human rights and dignity with the aim of empowering and improving the recognition of smaller nations. The book''s central idea is that respect for democracy and protection of human rights represent the most potent ways for the advancement and enrichment of cultural, ideological and legal pluralism. The pursuit and accomplishment of such objectives can only be achieved through negotiation that leads to the accommodation and e


Book
The World of Rules : A Somewhat Different Measurement of the World
Authors: ---
ISBN: 3944773195 3944773098 Year: 2017 Publisher: Frankfurt am Main Max Planck Institute for Legal History and Legal Theory

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"This book takes a stand against the narrowing focus of (German) jurisprudence on state law, rooted in the history of the territorially organised nation state. In the shadow of this tradition, state(-hood) law was only conceived of as state law. However, a gradual decoupling of state and law is observable – not least because of globalisation – which inevitably entails a pluralisation of legal regulations. Jurisprudence has to react to this, if it wants to remain relevant. This can happen through a broadening of its horizon towards a more far-reaching “science of regulation”, in order to grasp the increasing “Variety of Rules” adequately. State law remains an important and central type of law, yet it is no longer the sole type.If that is the case, it becomes necessary to analyse the following three spheres: (1) the plurality of normative orders, especially those of non-state character; (2) the plurality of norm producers, from state legislature to transnational networks of regulation; (3) finally, the plurality of norm enforcement regimes, from states’ judiciaries via the judiciary of (international) sport to the exercise of social pressure (e. g. political correctness). Those findings of plurality inevitably lead to the follow-up problem of a redefinition of the concept of law and to the question, which types of law/norms can be identified meaningfully."


Book
Legal Pluralism in Ethiopia : Actors, Challenges and Solutions
Authors: ---
ISBN: 3839450217 3837650219 9783839450215 Year: 2020 Publisher: Bielefeld transcript Verlag

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Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.


Book
Personal autonomy in plural societies : a principle and its paradoxes
Authors: --- --- ---
ISBN: 0367884496 1315413604 1315413590 1138220213 1315413612 Year: 2017 Publisher: Abingdon, Oxon ; N.Y., NY : Routledge,

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"This volume addresses the exercise of personal autonomy in contemporary situations of normative pluralism. In the Western liberal tradition, from a strictly legal and theoretical perspective the social individual has the right to exercise the autonomy of his or her will. In a context of legal plurality, however, personal autonomy becomes more complicated. Can and should personal autonomy be recognized as a legal foundation for protecting a person's freedom to renounce what others view as his or her fundamental 'human rights'? This collection develops an interdisciplinary conceptual framework to address these questions and presents empirical studies examining the gap between the principle of personal autonomy and its implementation. In a context of cultural diversity, this gap manifests itself in two particular ways. First, not every culture gives the same pre-eminence to personal autonomy when examining the legal effects of an individual's acts. Second, in a society characterized by 'weak pluralism', the legal assessment of personal autonomy often favours the views of the dominant majority. In highlighting these diverse perspectives and problematizing the so-called 'guardian function' of human rights, i.e., purporting to protect weaker parties by limiting their personal autonomy in the name of gender equality, fair trial, etc., this book offers a nuanced approach to the principle of autonomy and addresses the questions of whether it can effectively be deployed in situations of internormativity and what conditions must be met in order to ensure that it is not rendered devoid of all meaning."--Provided by publisher.

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