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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.
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Building upon a theoretical framework and empirical research, this book provides a thought-provoking analysis of the interests, strategies and challenges that China has faced in developing its Anti-monopoly Law in the context of economic globalisation.
Antitrust law --- Law and globalization --- Legal polycentricity
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Legal polycentricity --- Legal polycentricity --- European Union --- European Union --- Cultural pluralism --- Political aspects. --- Membership.
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The modes in which historical research is being shaped have become themselves topics of research. Holocaust historiography-the documentation, depiction and analysis of one of the most horrific events in human history-is today a wide ranging academic field in which Jewish and non-Jewish scholars throughout the world are active. But how did this historiography, especially its Jewish aspect, emerge and by what factors was it shaped? This volume examines the very beginnings of the effort to apply scholarly standards to the understanding of the Holocaust-when World War II was still raging and immed
Legal polycentricity. --- Law and globalization. --- Law and anthropology.
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Though a directive principle of the constitution, a uniform civil code of law has never been written or instituted in India. As a result, in matters of personal law -- the segment of law concerning marriage, dowry, divorce, parentage, legitimacy, wills, and inheritance -- individuals of different backgrounds must appeal to their respective religious laws for guidance or rulings. But balancing the claims of religious communities with those of a modern secular state has caused some intractable problems f
Domestic relations. --- Legal polycentricity. --- Legal polycentricity - India. --- Legal status, laws, etc. --- Religion and state. --- Religious minorities. --- Domestic relations --- Legal polycentricity --- Religion and state --- Religious minorities --- Legal status, laws, etc
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The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.
Bijuralism --- Legal pluralism --- Pluralism, Legal --- Polycentric law --- Polycentricity, Legal --- International law --- Legal polycentricity. --- History. --- International law. --- Droit international --- Pluralisme juridique --- Histoire --- Law --- Conflict of laws --- Legal polycentricity --- History
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This book takes us far beyond the usual focus of comparative law with analysis of a broad range of jurisdictions, including mixtures of common and civil law, and also those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. The discussion is situated within the broader context of the continuing tides of globalization, the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in po
Legal polycentricity. --- Bijuralism --- Legal pluralism --- Pluralism, Legal --- Polycentric law --- Polycentricity, Legal --- Law --- Conflict of laws
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Voor de zittende Sudanese president Al-Bashir geldt een internationaal arrestatiebevel. België en Senegal bakkeleien in Den Haag over de berechting van de voormalig Tsjaadse dictator Habré. In haar oratie stelt Barbara Oomen dat het de wereldgemeenschap steeds meer menens is met de mensenrechten. Paradoxaal genoeg vraagt dit proces van universalisering van de mensenrechten lokale verankering. De nadruk op 'traditionele' rechtspleging na ernstige mensenrechtenschendingen vormt hiervan een voorbeeld. Oomen stelt dat zowel de wereldgemeenschap in wording als lokale gemeenschappen het monopolie op
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This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.
Social ethics --- International law --- Legal theory and methods. Philosophy of law --- Legal polycentricity --- Normativity (Ethics) --- Moral and ethical aspects --- Philosophy --- Law --- General and Others --- Legal polycentricity. --- Moral and ethical aspects. --- Philosophy.
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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.
Legal polycentricity. --- Law and globalization. --- Globalization and law --- Globalization --- Bijuralism --- Legal pluralism --- Pluralism, Legal --- Polycentric law --- Polycentricity, Legal --- Law --- Conflict of laws --- Legal polycentricity --- Law and globalization --- General and Others
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