Ubiquitous Law

Ubiquitous Law PDF

Author: Emmanuel Melissaris

Publisher: Routledge

Published: 2016-02-17

Total Pages: 178

ISBN-13: 1317005708

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Ubiquitous Law explores the possibility of understanding the law in dissociation from the State while, at the same time, establishing the conditions of meaningful communication between various legalities. This book argues that the enquiry into the legal has been biased by the implicit or explicit presupposition of the State's exclusivity to a claim to legality as well as the tendency to make the enquiry into the law the task of experts, who purport to be able to represent the legal community's commitments in an authoritative manner. Very worryingly, the experts' point of view then becomes constitutive of the law and parasitic to and distortive of people's commitments. Ubiquitous Law counter-suggests a new methodology for legal theory, which will not be based on rigid epistemological and normative assumptions but rather on self-reflection and mutual understanding and critique, so as to establish acceptable differences on the basis of a commonality.

Ubiquitous Law

Ubiquitous Law PDF

Author: Emmanuel Melissaris

Publisher: Routledge

Published: 2016-02-17

Total Pages: 178

ISBN-13: 1317005716

DOWNLOAD EBOOK →

Ubiquitous Law explores the possibility of understanding the law in dissociation from the State while, at the same time, establishing the conditions of meaningful communication between various legalities. This book argues that the enquiry into the legal has been biased by the implicit or explicit presupposition of the State's exclusivity to a claim to legality as well as the tendency to make the enquiry into the law the task of experts, who purport to be able to represent the legal community's commitments in an authoritative manner. Very worryingly, the experts' point of view then becomes constitutive of the law and parasitic to and distortive of people's commitments. Ubiquitous Law counter-suggests a new methodology for legal theory, which will not be based on rigid epistemological and normative assumptions but rather on self-reflection and mutual understanding and critique, so as to establish acceptable differences on the basis of a commonality.

Ubiquitous Entrepreneurship

Ubiquitous Entrepreneurship PDF

Author: Stefan Kalms

Publisher: BoD – Books on Demand

Published: 2013-11-06

Total Pages: 134

ISBN-13: 3844102868

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The main goal of this book is to emphasize the impact of ubiquity on scientific entrepreneurship and to promote practical ways to make scientific entrepreneurship ubiquitous within universities in order to create more startups, for economic and societal benefit. The book begins with a look at the state of research on ubiquity in humanities and information technology. First, the ubiquity of God in theology is analyzed, with a focus on the three major religions – Christianity, Islam, and Hinduism. Also, ubiquity in the field of law is investigated to examine whether and how ubiquity is described in jurisprudence and in how far it adds to the concept of ubiquity. Second, the field of IT is focused, where ubiquity occurs in the area of ubiquitous computing. The analysis of the state of research in humanities and information technology than allows the identification of certain characteristics of ubiquity. These characteristics are used as determinants to develop a model, consisting of a general ubiquitous entrepreneurship framework and a ubiquitous entrepreneurship board. This model was developed to ensure that each university can use the identified characteristics for ubiquity from theology and IT to individually define itself as an entrepreneurial university, and derive methods and instruments to promote ubiquitous entrepreneurship holistically.

Culture in the Domains of Law

Culture in the Domains of Law PDF

Author: René Provost

Publisher: Cambridge University Press

Published: 2017-02-02

Total Pages: 457

ISBN-13: 1107163331

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This book examines whether law, as a cultural practice, can apply across cultural boundaries to bind people with vastly different beliefs and practices.

Research Methods for International Human Rights Law

Research Methods for International Human Rights Law PDF

Author: Damian Gonzalez-Salzberg

Publisher: Routledge

Published: 2019-06-13

Total Pages: 275

ISBN-13: 0429889364

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The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.

The European Union under Transnational Law

The European Union under Transnational Law PDF

Author: Matej Avbelj

Publisher: Bloomsbury Publishing

Published: 2018-01-11

Total Pages: 263

ISBN-13: 1509911545

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For almost a decade the European Union has been stuck in a permanent crisis. Starting with domestic constitutional crises, followed by an imported financial crisis, it has evolved into a fully formed political crisis. This book argues that none of the crises are exclusively internal to the EU and the responses to date, which have taken inward looking approaches, are simply inadequate. Resolution can only come when the EU engages more fully with transnational law. This highly topical book offers an innovative dual focus on both transnational and EU law together. It sets out the relationship between the two frameworks by exploring practical concrete problems that transnational law has posed to the EU. These problems are explored from the perspective of four key tenets of both systems, namely the rule of law, democracy, the protection of human rights, and justice. It does this by advancing the theoretical framework of principled legal pluralism. In so doing it offers clear normative guidance as to how the relationship between EU and transnational law should be developed and fostered.

Intercultural Spaces of Law

Intercultural Spaces of Law PDF

Author: Mario Ricca

Publisher: Springer Nature

Published: 2023-04-03

Total Pages: 433

ISBN-13: 3031274369

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This book proposes an interdisciplinary methodology for developing an intercultural use of law so as to include cultural differences and their protection within legal discourse; this is based on an analysis of the sensory grammar tacitly included in categorizations. This is achieved by combining the theoretical insights provided by legal theory, anthropology and semiotics with a reading of human rights as translational interfaces among the different cultural spaces in which people live. To support this use of human rights’ semantic and normative potential, a specific cultural-geographic view dubbed ‘legal chorology’ is employed. Its primary purpose is to show the extant continuity between categories and spaces of experience, and more specifically between legal meanings and the spatial dimensions of people’s lives. Through the lens of legal chorology and the intercultural, translational use of human rights, the book provides a methodology that shows how to make space and law reciprocally transformative so as to create an inclusive legal grammar that is equidistant from social cultural differences. The analysis includes: a critical view on opportunities for intercultural secularization; the possibility of construing a legal grammar of quotidian life that leads to an inclusive equidistance from differences rather than an unachievable neutrality or an all-encompassing universal legal ontology; an interdisciplinary methodology for legal intercultural translation; a chorological reading of the relationships between human rights protection and lived spaces; and an intercultural and geo-semiotic examination of a series of legal cases and current issues such as indigenous peoples’ rights and the international protection of sacred places.

Law, Power and Culture

Law, Power and Culture PDF

Author: F. Knight

Publisher: Springer

Published: 2014-10-20

Total Pages: 190

ISBN-13: 1137315806

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A fresh theory on how individuals respond to inequalities occurring within their own communities. This original and insightful study draws on empirical research on the Santal people of Asia, examining power relations within social fields, and the state, to reveal a typology of power practices, and applies these to forced marriage in the West.

Rules for a Flat World

Rules for a Flat World PDF

Author: Gillian K Hadfield

Publisher: Oxford University Press

Published: 2016-10-03

Total Pages: 320

ISBN-13: 0199916535

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Technology and globalization are uprooting and reshaping daily life. Global supply chains are now deeply embedded, and digital platforms connect almost everyone in complex networks of data and exchange. This "flat world" is one of tremendous possibility, but it also poses challenges to stability and shared prosperity. In Rules for a Flat World, Gillian Hadfield argues that the legal rules that currently guide global integration are no longer working. They are too slow, costly, and localized for increasingly complex advanced economies, and fail to address issues such as poverty, instability, and oppression for the billions living in the developing world. Hadfield proposes a new set of rules that enhance complex societies and economic interdependence and makes the case for building a more agile infrastructure. In this paperback edition, she presents a new prologue to her sweeping historical overview and vision of the relationship between law and economic and social prosperity.

Religion, Law and the Politics of Ethical Diversity

Religion, Law and the Politics of Ethical Diversity PDF

Author: Claude Proeschel

Publisher: Routledge

Published: 2021-03-31

Total Pages: 198

ISBN-13: 1000372529

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This book provides a multidisciplinary and comparative look at the contemporary phenomenon of conscientious objection or contestation in the name of religion and examines the key issues that emerge in terms of citizenship and democracy. These are analysed by looking at the different ways of challenging or contesting a legal obligation on the grounds of religious beliefs and convictions. The authors focus on the meaning of conscientious objection which asserts the legitimacy of convictions – in particular religious convictions – in determining the personal or collective relevance of the law and of public action. The book begins by examining the main theoretical issues underlying conscientious objection, exploring the implications of the protection of freedom of conscience, the place of religion in the secular public sphere and the recognition and respect of ethical pluralism in society. It then focuses on the question of exemptions and contestations of civil norms, using a multidisciplinary approach to highlight the multiple and diverse issues surrounding them, as well as the motives behind them. This book will be of great interest to scholars, specialists and graduate and advanced undergraduate students who are interested in issues of religious diversity. Researchers and policymakers in think-tanks, NGOs and government units will find the volume useful in identifying key issues in understanding the phenomenon of conscientious objection and its implications in managing ethical diversity in contemporary societies.