Constitutional Fragments

Constitutional Fragments
Author: Gunther Teubner
Publisher: OUP Oxford
Total Pages: 226
Release: 2012-03-01
Genre: Law
ISBN: 0191629340

In recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the 'private' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditional constitutionalism needs to be counteracted by a sociological approach which, so far, has remained neglected in the constitutional debate. Constitutional sociology projects the questions of constitutionalism not only onto the relationship between public politics and law, but onto the whole society. It argues that constitutionalism has the potential to counteract the expansionist tendencies of social systems outside the state world, particularly of the globalized economy, science and technology, and the information media, when they endanger individual or institutional autonomy. The book identifies transnational regimes, particularly in the private area, as the new constitutional subjects in a global society, rivals to the order and power of nation states. It presents a model of transnational, societal constitutional fragments that could bring the values of constitutionalism to bear on these private networks, examining the potential horizontal application of human rights in the private sphere, and how such fragments could interact. An original and provocative contribution to the literature on modern constitutionalism, Constitutional Fragments is essential reading for all those engaged in transnational political theory.

An Introduction to the Sociology of Law

An Introduction to the Sociology of Law
Author: Nicholas Sergeyevitch Timasheff
Publisher: Routledge
Total Pages: 448
Release: 2017-07-12
Genre: Social Science
ISBN: 1351531875

The exiled Russian sociologist and legal scholar Nicholas S. Timasheff's place in the forefront of the sociology of law was established with the publication, in 1939, of An Introduction to the Sociology of Law. His magnum opus articulates a systematic legal sociology. The book's title is misleading, giving the false impression that the volume is merely a textbook intended for classroom use. It is much more than this. An Introduction to the Sociology of Law is a sophisticated treatise that explains, precisely and methodically, the law as a social force. It makes two fundamental points: law can, indeed must, be studied by sociology, and law is a combination of socio-ethical and imperative coordination of human behavior.

Evolutionary Governance Theory

Evolutionary Governance Theory
Author: Raoul Beunen
Publisher: Springer
Total Pages: 339
Release: 2014-12-02
Genre: Law
ISBN: 3319122746

This volume presents empirical studies and theoretical reflections on Evolutionary Governance Theory (EGT), its most important concepts and their interrelations. As a novel theory of governance, EGT understands governance as radically evolutionary, which implies that all elements of governance are subject to evolution, that these elements co-evolve and that many of them are the product of governance itself. Through this book we learn how communities understand themselves and their environment and why they create the complex structures and processes we analyze as governance paths. Authors from different disciplines develop the EGT framework further and apply it to a wide rage networks of power, governance of agricultural resources etc. The contributors also reflect on the possibilities and limitations of steering, intervention, management and development in a world continuously in flux. It bridges the gap between more fundamental and philosophical accounts of the social sciences and applied studies, offering theoretical advancements as well as practical recommendations.

Expanding Intellectual Property

Expanding Intellectual Property
Author: Hannes Siegrist
Publisher: Central European University Press
Total Pages: 327
Release: 2017-07-20
Genre: Law
ISBN: 9633861853

The edited volume deals with the expansion and institutionalization of intellectual property norms in the twentieth century, with a European focus. Its thirteen chapters revolve around the transfer, adaptation and the ambivalence of legal transplants in the interface between national and international projects, trends and contexts.ÿ The first part discusses the institutionalization of copyright and patent law in the framework of the bigger political and economic projects of the twentieth century. The second and third parts of the collection review relevant processes in the communist regimes and the post-communist societies, respectively. The essays refl ect on the concept and the mechanisms of expansion of intellectual property rights by pointing at processes of enculturation, transnationalization and universalization of norms, as well as practices of incorporation and resistance. The contributors lay a particular emphasis on the role and activity of social actors in the establishment and validation of intellectual property norms and regimes, from the function of experts and creation of expert cultures to the compelling power of popular street protests.

Enforcing Corporate Social Responsibility Codes

Enforcing Corporate Social Responsibility Codes
Author: Anna Beckers
Publisher: Bloomsbury Publishing
Total Pages: 448
Release: 2015-10-22
Genre: Law
ISBN: 1849469016

Corporate social responsibility codes are guidelines that companies voluntarily develop and publish with the objective of showing the public their commitment to respect human rights, to improve fundamental workplace standards worldwide and to protect the natural environment. These corporate codes have become a crucial element in the regulatory architecture for globally operating companies. By focusing on the characteristics of the codes, their effects on society and their legal consequences, this book seeks to provide a comprehensive analysis of corporate codes and the law. Enforcing Corporate Social Responsibility Codes develops proposals on the relationship between global corporate self-regulation and the national private law systems. It uses methods of comparative law and sociological jurisprudence to argue that national private law can, and in fact should, enforce these codes as genuine legal obligations. The author formulates legal policy recommendations for English and German private law that indicate how the proposed legal enforcement could be realised in practice. The dissertation on which this book is based was awarded the second prize in the humanities category of the Deutscher Studienpreis (German Thesis Award) by the Koerber Foundation in November 2015.

Research Handbook on Global Climate Constitutionalism

Research Handbook on Global Climate Constitutionalism
Author: Jordi Jaria-Manzano
Publisher: Edward Elgar Publishing
Total Pages: 351
Release: 2019-12-27
Genre: Law
ISBN: 1788115813

Climate change is causing traditional political and legal concepts to be revisited. The emergence of a global polity through physical, economic and social interaction demands global responses which should be founded upon new principles and which cannot simply be modelled on traditional constitutionalism centred on the nation-state. This Research Handbook explores how to build this climate constitutionalism at a global level, starting from the narrative of Anthropocene and its implications for law. It provides a critical approach to global environmental constitutionalism, analysing the problems of sustainability and global equity which are entwined with the causes and consequences of climate change. The Handbook explores how to develop constitutional discourses and strategies to address these issues, and thereby tackle the negative effects of climate change whilst also advancing a more sustainable, equitable and responsible global society.

Constitutionalism in the Global Realm

Constitutionalism in the Global Realm
Author: Poul F. Kjaer
Publisher: Routledge
Total Pages: 187
Release: 2014-04-03
Genre: Law
ISBN: 1317804813

This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.

Encyclopedia of Global Studies

Encyclopedia of Global Studies
Author: Helmut K. Anheier
Publisher: SAGE Publications
Total Pages: 2800
Release: 2012-03-09
Genre: Political Science
ISBN: 1506338224

"With all entries followed by cross-references and further reading lists, this current resource is ideal for high school and college students looking for connecting ideas and additional sources on them. The work brings together the many facets of global studies into a solid reference tool and will help those developing and articulating an ideological perspective." — Library Journal The Encyclopedia of Global Studies is the reference work for the emerging field of global studies. It covers both transnational topics and intellectual approaches to the study of global themes, including the globalization of economies and technologies; the diaspora of cultures and dispersion of peoples; the transnational aspects of social and political change; the global impact of environmental, technological, and health changes; and the organizations and issues related to global civil society. Key Themes: • Global civil society • Global communications, transportation, technology • Global conflict and security • Global culture, media • Global demographic change • Global economic issues • Global environmental and energy issues • Global governance and world order • Global health and nutrition • Global historical antecedents • Global justice and legal issues • Global religions, beliefs, ideologies • Global studies • Identities in global society Readership: Students and academics in the fields of politics and international relations, international business, geography and environmental studies, sociology and cultural studies, and health.