Jurisprudence in a Globalized World

Jurisprudence in a Globalized World PDF

Author: Jorge Luis Fabra-Zamora

Publisher: Edward Elgar Publishing

Published: 2020-02-28

Total Pages: 288

ISBN-13: 1788974425

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Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.

Global Legal Pluralism

Global Legal Pluralism PDF

Author: Paul Schiff Berman

Publisher: Cambridge University Press

Published: 2012-02-27

Total Pages: 357

ISBN-13: 1107376912

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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.

Globalisation and Legal Theory

Globalisation and Legal Theory PDF

Author: William Twining

Publisher: Cambridge University Press

Published: 2000-03

Total Pages: 300

ISBN-13: 9780521605946

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The text makes the case for a revival of general jurisprudence in response to globalisation.

The Court and the World

The Court and the World PDF

Author: Stephen Breyer

Publisher: Vintage

Published: 2016-08-23

Total Pages: 402

ISBN-13: 1101912073

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In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.

Conflict of Laws in a Globalized World

Conflict of Laws in a Globalized World PDF

Author: Eckart Gottschalk

Publisher: Cambridge University Press

Published: 2011-03-03

Total Pages: 320

ISBN-13: 9780521174015

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This book contains ten contributions that examine current topics in the evolving transatlantic dialogue on the conflict of laws. The first five contributions deal with the design of judgments conventions in general, the recently adopted Hague Convention on Choice of Court Agreements, problems involving negative declaratory actions in international disputes, and recent transatlantic developments relating to service of process and collective proceedings. The remaining five contributions focus on comparative and economic dimensions of party autonomy, choice of law relating to intellectual property rights, the applicable law in antitrust law litigation, international arbitration, and actions for punitive damages.

Law and State in the Globalized World

Law and State in the Globalized World PDF

Author: Surendra Bhandari

Publisher:

Published: 2015

Total Pages: 459

ISBN-13: 9781634834575

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More than at any other time in history, today, law governs us all. As a result, some level of knowledge of the law is becoming increasingly important at all levels. It is especially useful for students of law, international relations, politics, and social sciences. International professionals as well as civil society organizations also benefit from the basic knowledge of law. In the post-war era, it is not only domestic laws, but also international laws that govern our individual rights, duties, and social interactions, including international relations. This is particularly the case in the fields of peace, security, human rights, international crime, environmental protection, and world trade. Moreover, the demand for harmonization between domestic and international law has, in many respects, caused international law to become the main source for the creation and development of domestic law. This book offers a comparative perspective on the basic concepts and ideas about law and state. It was created in response to a number demands. It is written in a simple and comprehensive style so that general readers, law students, paralegals, and students from different social science disciplines can, in a straightforward fashion, all understand the legal concepts, legal philosophy, and law-state relationships in the context of globalization, international cooperation, and the maintaining of the rule of law at the domestic level. This book aims to offer legal knowledge not only to students who are required to study law as an introductory course, but also to general readers on a wider scale. Its treatment is not confined to a particular legal system full of technical jargons, but rather explains general legal principles applicable to different legal systems in a non-technical manner, allowing the reader to understand the basic legal concepts from a general standpoint.

The Oxford Handbook of Global Legal Pluralism

The Oxford Handbook of Global Legal Pluralism PDF

Author: Paul Schiff Berman

Publisher: Oxford University Press, USA

Published: 2020-09-24

Total Pages: 1133

ISBN-13: 0197516742

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"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Jurisprudence for an Interconnected Globe

Jurisprudence for an Interconnected Globe PDF

Author: Catherine Dauvergne

Publisher: Routledge

Published: 2018-04-27

Total Pages: 266

ISBN-13: 1351776371

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This title was first published in 2003.This book explores the interaction of globalization and the development of law. The framework of the book is established by William Twining, who asks how legal concepts can be generalised within a variety of legal orders. This theme is taken up by a group of leading Australian scholars, who produce essays on international economic law, including financial regulation and human rights, and citizenship, migration and crime, under the headings Globalization and the Laws of Money, Globalization and the Laws of People, Globalization, Cultures and Comparisons. This collection marks an important step towards the construction of a jurisprudence for a connected, but still culturally diverse, globe.

Toward a New Legal Common Sense

Toward a New Legal Common Sense PDF

Author: Boaventura de Sousa Santos

Publisher: Cambridge University Press

Published: 2020-10

Total Pages: 699

ISBN-13: 1107157846

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In a period of paradigmatic transition, Toward a New Legal Common Sense aims to devolve to law its emancipatory potential.

Comparative Law in a Global Context

Comparative Law in a Global Context PDF

Author: Werner F. Menski

Publisher: Cambridge University Press

Published: 2006-03-30

Total Pages: 565

ISBN-13: 1139452711

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Now 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.