The Concept of Law from a Transnational Perspective

The Concept of Law from a Transnational Perspective

Author: Dr Detlef von Daniels

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409497135

Category: Law

Page: 240

View: 124

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This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.

The Concept of Law from a Transnational Perspective

The Concept of Law from a Transnational Perspective

Author: Detlef von Daniels

Publisher: Routledge

ISBN: 9781317037545

Category: Law

Page: 236

View: 201

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This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.

Transnational Legality

Transnational Legality

Author: Thomas Schultz

Publisher: Oxford University Press

ISBN: 9780199641956

Category: Law

Page: 218

View: 445

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International law can be created by other means than treaties between states. This book investigates the philosophical questions posed by the treatment of international arbitration as law, such as those relating to sovereignty and territoriality, and sets out conditions which international arbitration must meet in order to form legitimate law.

Legal Positivism in a Global and Transnational Age

Legal Positivism in a Global and Transnational Age

Author: Luca Siliquini-Cinelli

Publisher: Springer Nature

ISBN: 9783030247058

Category: Law

Page: 312

View: 917

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A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.

Introduction to Law and Global Governance

Introduction to Law and Global Governance

Author: Elaine Fahey

Publisher: Edward Elgar Publishing

ISBN: 9781788970518

Category: Law

Page: 168

View: 371

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This innovative textbook introduces the idea of law existing, operating, and functioning beyond the Nation State. Offering a structured approach, Elaine Fahey breaks down the core aspects of theory, practice and regulation in order to examine the key conceptual and factual components of the relationship between law and global governance.

Transnational Law

Transnational Law

Author: Michael W. Dowdle

Publisher: Cambridge University Press

ISBN: 9781108284806

Category: Law

Page: 745

View: 230

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Globalisation impacts every aspect of modern society and today's law graduates are expected to deal with complex legal problems that require knowledge and training that goes beyond domestic law. This textbook provides an overview of how law is becoming increasingly transnational, facilitating theoretical and practical engagement with transnational legal institutions and phenomena. It advances an analytic framework that will help students to understand what to look for when they encounter transnational legal institutions and practices, and what are the practical and normative implications of their findings. By considering both the theory and practice of transnational law and taking a discursive approach to the material, students are encouraged to arrive at their own conclusions. Adopting interdisciplinary techniques and using case studies from around the world, this book offers a holistic, balanced exploration of a new and emerging discipline.

Regulating International Sport

Regulating International Sport

Author: Lloyd Freeburn

Publisher: BRILL

ISBN: 9789004379794

Category: Law

Page: 289

View: 930

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In Regulating International Sport: Power, Authority and Legitimacy Lloyd Freeburn provides a ground-breaking account of the legal basis of regulatory power in international sport and outlines the reforms necessary to give the regime legality and legitimacy.

The Prosecutor in Transnational Perspective

The Prosecutor in Transnational Perspective

Author: Erik Luna

Publisher: Oxford University Press

ISBN: 9780199844807

Category: Law

Page: 490

View: 528

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In this book, Erik Luna and Marianne Wade examine the considerable powers of the American prosecutor and look abroad in order to learn valuable lessons from a transnational examination of prosecutorial authority. They explore parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Through the varied topics covered by the contributors on both sides of the Atlantic, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.

The Unsteady State

The Unsteady State

Author: Keith Culver

Publisher: Cambridge University Press

ISBN: 9781107134805

Category: Law

Page: 257

View: 122

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The first work of analytical legal theory exploring law's relations to environment, security, and technology as preconditions of legal order.

Mixed Legal Systems, East and West

Mixed Legal Systems, East and West

Author: Vernon Valentine Palmer

Publisher: Routledge

ISBN: 9781317095378

Category: Law

Page: 320

View: 557

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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.

The Principle of Effective Legal Protection in Administrative Law

The Principle of Effective Legal Protection in Administrative Law

Author: Zoltán Szente

Publisher: Routledge

ISBN: 9781317019244

Category: Law

Page: 416

View: 365

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This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valuable contribution to the debate around convergence and divergence in European national administrative systems. The Open Access version of this book, available at https://www.taylorfrancis.com/books/principle-effective-legal-protection-administrative-law-zolt%C3%A1n-szente-konrad-lachmayer/e/10.4324/9781315553979 , has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 licens

Research Handbook on Transnational Environmental Law

Research Handbook on Transnational Environmental Law

Author: Veerle Heyvaert

Publisher: Edward Elgar Publishing

ISBN: 9781788119634

Category: Law

Page: 416

View: 983

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This illuminating Research Handbook offers a detailed overview and critical discussion of the key themes and perspectives that characterize the burgeoning research area of transnational environmental law. Varied perspectives from leading and emerging scholars are brought together to deliver methodological and conceptual frameworks for future research, whilst providing an original view on this emerging field of law.