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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
Competition laws, globalization and legal pluralism : China's experience
Author:
ISBN: 1472561570 1782252207 1782252193 9781782252191 9781472561572 9781782252207 1849464324 9781849464321 9781306452724 1306452724 Year: 2013 Publisher: Oxford, United Kingdom ; Portland, Oregon : Hart Publishing,

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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.


Book
Enlargement-related diversity in EU justice and home affairs : challenges, dimensions and management instruments
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Year: 2000 Publisher: The Hague : WRR, Scientific Council for Government Policy,

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Book
The power of law in a transnational world : anthropological enquiries
Authors: --- ---
ISBN: 1282627759 9786612627750 1845459164 0857456164 Year: 2009 Publisher: New York : Berghahn Books,

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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

Religion and personal law in secular India
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ISBN: 0253108683 9780253108685 0253339901 9780253339904 0253214807 9780253214805 Year: 2001 Publisher: Bloomington Indiana University Press

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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


Book
Mestizo international law : a global intellectual history, 1842-1933
Author:
ISBN: 9781316618509 9780521763387 052176338X 9781139015424 1316618501 1316188558 1316190382 1316210731 1316208869 1316205207 1139015427 1316207005 1316203379 1316201503 1322560730 9781316207000 9781316203378 9781316205204 Year: 2014 Publisher: Cambridge Cambridge University Press

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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.


Book
Mixed legal systems, east and west
Authors: --- ---
ISBN: 1317095375 1472431073 9781472431073 9781472431080 1472431081 9781472431066 1472431065 9781317095378 9781315595658 9781317095361 9781138639034 1315595656 1317095383 1138639036 Year: 2015 Publisher: Farnham, Surrey, United Kingdom England ; Burlington, Vermont : Ashgate,

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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


Book
Universele rechten, lokale gevechten : over de werking van het rechtspluralisme
Authors: ---
ISBN: 1282633813 9786612633812 9048511917 Year: 2010 Publisher: Amsterdam : Vossiuspers UvA/Amsterdam University Press,

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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


Book
Normative pluralism and international law : exploring global governance
Authors: ---
ISBN: 9781107036222 9781139567121 9781107459779 1107036224 1107241782 1107247977 1107248809 1107249635 1107250463 110725129X 110745977X 1139567128 1139891669 129977265X Year: 2013 Publisher: Cambridge Cambridge University Press

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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.


Book
Global legal pluralism
Author:
ISBN: 1139209337 110722537X 128087760X 9786613718914 1139222155 1139217348 1139223860 1139214268 1139220438 1139028618 9781139220439 9781139028615 9780521769822 0521769825 9781139223867 9781107651500 1107651506 9781139217347 9781139209335 6613718912 9781139222150 9781139217347 9781139214261 Year: 2012 Publisher: Cambridge Cambridge University Press

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Abstract

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.

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