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Stateless Law

Stateless Law Author Helge Dedek
ISBN-10 9781317050193
Release 2016-03-03
Pages 258
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This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.



Law Between Buildings

Law Between Buildings Author Nestor Davidson
ISBN-10 9781317107620
Release 2016-10-14
Pages 154
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The rich field of urban law has thus far lacked a holistic and concerted scholarly focus on comparative and global perspectives. This work offers new inroads into the global and comparative streams within urban law by presenting emerging frameworks and approaches to topics ranging from urban housing and land use to legal informality and consumer financial protection. The volume brings together a group of international urban legal scholars to highlight emergent global, interdisciplinary perspectives within the field of urban law, particularly as they have import for comparative legal analysis. The book presents a timely addition to the literature given the urgent legal issues that continue to surface in an age of rapid urbanization and globalization.



The Diffusion of Law

The Diffusion of Law Author Sue Farran
ISBN-10 9781317035855
Release 2016-03-09
Pages 256
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In considering diffusion from a global perspective, this book provides timely new insights into its application in a variety of fields and at many levels of both legal and non-legal orderings. This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion, in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. These examples, taken together, provide a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form. This international, multi-disciplinary and multi-methodological volume brings together scholars from law and social science with experience in mixed and hybrid jurisdictions, and advances the conversation about legal and normative diffusion across the academy. It represents a robust challenge to many preconceived ideas about legal movement and, as such, will be of interest to academics and students working in the fields of Law, Sociology, Anthropology, Political Science, Legal Education and comparative method.



Indigenous Rights in Scandinavia

Indigenous Rights in Scandinavia Author Christina Allard
ISBN-10 9781317117278
Release 2016-05-23
Pages 242
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This book contributes to the international debate on Indigenous Peoples Law, containing both in-depth research of Scandinavian historical and legal contexts with respect to the Sami and demonstrating current stances in Sami Law research. In addition to chapters by well-known Scandinavian experts, the collection also comments on the legal situation in Norway, Sweden and Finland in relation to other jurisdictions and indigenous peoples, in particular with experiences and developments in Canada and New Zealand. The book displays the current research frontier among the Scandinavian countries, what the present-day issues are and how the nation states have responded so far to claims of Sami rights. The study sheds light on the contrasts between the three countries on the one hand, and between Scandinavia, Canada and New Zealand on the other, showing that although there are obvious differences, for instance related to colonisation and present legal solutions, there are also shared experiences among the indigenous peoples and the States. Filling a gap in an under-researched area of Sami rights, this book will be a valuable resource for academics, researchers and policy-makers with an interest in Indigenous Peoples Law and comparative research.



Concepts of Law

Concepts of Law Author Dr Lukas Heckendorn Urscheler
ISBN-10 9781472401540
Release 2014-10-28
Pages 270
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Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ‘governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.



Of Doubt and Proof

Of Doubt and Proof Author Daniela Berti
ISBN-10 9781317086161
Release 2016-03-03
Pages 224
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All institutions concerned with the process of judging - whether it be deciding between alternative courses of action, determining a judge’s professional integrity, assigning culpability for an alleged crime, or ruling on the credibility of an asylum claimant - are necessarily directly concerned with the question of doubt. By putting ritual and judicial settings into comparative perspective, in contexts as diverse as Indian and Taiwanese divination and international cricket, as well as legal processes in France, the UK, India, Denmark, and Ghana, this book offers a comprehensive and novel perspective on techniques for casting and dispelling doubt, and the roles they play in achieving verdicts or decisions that appear both valid and just. Broadening the theoretical understandings of the social role of doubt, both in social science and in law, the authors present these understandings in ways that not only contribute to academic knowledge but are also useful to professionals and other participants engaged in the process of judging. This collection will consequently be of great interest to academics researching in the fields of legal anthropology, ritual studies, legal sociology, criminology, and socio-legal studies.



Normative Pluralism and Human Rights

Normative Pluralism and Human Rights Author Kyriaki Topidi
ISBN-10 1138056596
Release 2018
Pages 284
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The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of 'laws' result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.



Mixed Legal Systems East and West

Mixed Legal Systems  East and West Author Vernon Valentine Palmer
ISBN-10 9781317095378
Release 2016-07-22
Pages 320
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Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand 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 post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.



Legal Interpretation in International Commercial Arbitration

Legal Interpretation in International Commercial Arbitration Author Joanna Jemielniak
ISBN-10 9781317106203
Release 2016-04-22
Pages 278
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This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.



A Study of Mixed Legal Systems Endangered Entrenched or Blended

A Study of Mixed Legal Systems  Endangered  Entrenched or Blended Author Dr Seán Patrick Donlan
ISBN-10 9781472441775
Release 2014-10-28
Pages 270
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This book provides a fascinating and critical insight into familiar and less familiar mixed legal systems, taking the reader on a voyage of discovery from St Lucia and Guyana to the islands of the Seychelles and Mauritius. It considers those mixed systems which share boundaries with unmixed ones, such as Scotland and Quebec, and those located off-shore of major and dominant jurisdictions such as Jersey off the coasts of France’s civil law and England’s common law system, as well as Cyprus, situated between the influences of Europe and those of the Middle East.



Euro Mediterranean Relations after the Arab Spring

Euro Mediterranean Relations after the Arab Spring Author Jakob Horst
ISBN-10 9781317139928
Release 2016-04-29
Pages 252
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The ’Arab Spring’ triggered paradigmatic shifts but, despite these changes, much in the Euro-Mediterranean region remains the same. Utilising ’Logics of Action’, an innovative theoretical framework designed to capture the complexity of political interaction in one of the fastest changing regions in the world, this book discusses developments in the region before and after the Arab Spring that can be characterised by a continuation of the norm. Expert contributors identify patterns of interaction between governmental institutions, economic entrepreneurs, religious groups and other diverse actors that withstood these historical changes and explore why these relationships have proved so robust. Connecting a unique sample of case studies on changing and persistent ’Logics of Action’ within the Euro-Mediterranean space this book provides a pivotal contribution to our understanding of political interaction between North Africa, the Middle East and the European Union. Offering a completely new perspective on the events of the ’Arab Spring’ it identifies something that seems paradoxical at first sight; persistence in times of radical change.



Secured Credit in Europe

Secured Credit in Europe Author Teemu Juutilainen
ISBN-10 9781509910083
Release 2018-03-22
Pages 360
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This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.



Market Supervision in the European Union

Market Supervision in the European Union Author Pieter van Cleynenbreugel
ISBN-10 9789004280366
Release 2014-09-29
Pages 400
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In Market Supervision in the European Union, Pieter Van Cleynenbreugel compares the emergence of divergently structured supranational market supervision mechanisms in six different sectors of EU regulation and identifies common or converging constitutional benchmarks underlying those sector-specific administrative design developments.



Dynamics of Plural Legal Orders

Dynamics of Plural Legal Orders Author Franz von Benda-Beckmann
ISBN-10 3825898989
Release 2006
Pages 270
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This volume examines dynamics of legal pluralism and explores the varied ways in which constellations of legal pluralism play out in social life. It aims to bridge the social and theoretical space between small scale case studies and abstract generalization. The introduction provides an overview of developments in the field of legal pluralism and offers an analytical perspective on the dynamics of the maintenance of and change in constellations of legal pluralism. Contributions examine situations in which the state is seen as remote from local settings and others in which local populations are actively engaged in widening the scope and validity of state law. By focusing on historical developments and the fault lines of rapid political change in both post-socialist and post-authoritarian states, the volume shows that legal legacies of the past continue to have an impact. Authors look at the social significance of the various, and sometimes competing, types of law which religious and secular transnational actors introduce into local settings. Franz and Keebet Benda-Beckmann are both Head of Project Group for the Project Group Legal Pluralism at the Max Planck Institute for Social Anthropology, Halle (Germany).



Darker Legacies of Law in Europe

Darker Legacies of Law in Europe Author Christian Joerges
ISBN-10 9781847311672
Release 2003-05-22
Pages 440
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The legal scholarship of the National Socialist and Fascist period of the 20th century and its subsequent reverberation throughout European law and legal tradition has recently become the focus of intense scholarly discussion. This volume presents theoretical,historical and legal inquiries into the legacy of National Socialism and Fascism written by a group of the leading scholars in this field. Their essays are wide-ranging, covering the reception of National Socialist and Fascist ideologies into legal scholarship; contemporary perceptions of Nazi Law in the Anglo-American world; parallels and differences among authoritarian regimes in the Third Reich, Austria, Italy, Spain, and Vichy-France; how formerly authoritarian countries have dealt with their legal antecedents; continuities and discontinuities in legal thought in private law, public law, labour law, international and European law; and the legal profession's endogenous obedience and the pains of Vergangenheitsbewältigung. The majority of the contributions were first presented at a conference at the EUI in the autumn of 2000, the others in subsequent series of seminars.



True Principles

True Principles Author Augustus Welby Northmore Pugin
ISBN-10 085244611X
Release 2003-01-01
Pages 118
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True Principles of Pointed or Christian Architecture was first published in 1841, when Pugin was 29 years old. Here he presents coherent arguments for the revival of the Gothic style, the case for which he had made pictorally in his sensational book Contrasts (1836). For Pugin, the Gothic Revival was 'not a style, but a principle' and this he laid down in his most influential architectural treatise, True Principles, which introduced functionalist and rationalist as well as moral criteria into architectural discourse, much of it still resonant in the twentieth-century Modern Movement. It is reprinted together with his Apology for the Revival of Christian Architecture, first printed in 1843. Much of his thought here is on architectural education, and in shuffling off the straitjacket of neoclassical architectural principles Pugin exercised a great influence in mid-Victorian architecture and the applied arts, and in a wider design reform movement. These two seminal books, presented in one volume, are introduced by the architectural historian and Pugin authority Dr Roderick O'Donnell



Homo Juridicus

Homo Juridicus Author Alain Supiot
ISBN-10 9781786630629
Release 2017-04-25
Pages 272
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In this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He arguesthat the law is how justice is implmented in secular society, but it isnot simply a technique to be manipulated at will: it is also anexpression of the core beliefs of the West. We must recognize itsuniversalizing, dogmatic nature and become receptive to otherinterpretations from non-Western cultures to help us avoid the clashof civilizations. In Homo Juridicus, Supiotdeconstructs the illusion of a world that has become “flat’’ andundifferentiated, regulated only by supposed “laws” of science andthe economy, and peopled by contract-makers driven only by thecalculation of their individual interests. Such a liberal perspectiveis nothing but the flipside of the notion of the withering away of lawand the state, promoted this time not under the banner of the strugglebetween classes, but rather in the name of the free competition betweensovereign individuals. Supiot’s exploration of the development of the“legal subject”—the individual as formed through a dense web ofcontracts and laws—is set to become a classic work of social theory.