Temporal Boundaries Of Law And Politics
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Author | : Luigi Corrias |
Publisher | : Routledge |
Total Pages | : 373 |
Release | : 2018-04-09 |
Genre | : Law |
ISBN | : 1351103466 |
In the last decade, the changing role of time in society has once again taken centre stage in the academic debate. A prominent, but surely not the only, aspect of this debate hinges on the so-called acceleration of time and its societal consequences. Despite the fact that time is fundamental to the way in which law and politics function, the influence of the contemporary experience of time on law and politics remains underdeveloped. How, for example, does society’s structural acceleration impact on justice? Does law actually offer stability and predictability in an ever-changing global world? How can legal and political institutions function in the wake of ever-increasing uncertainty? Both law and politics employ time to order society but they are also limited in what can be effectuated by time. It is this very tension between temporal possibilities and limitations that the contributors to this collection – drawn from different fields of law, as well as from other disciplines – examine.
Author | : Jiří Přibáň |
Publisher | : Edward Elgar Publishing |
Total Pages | : 405 |
Release | : 2020-12-25 |
Genre | : Law |
ISBN | : 1789905184 |
This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.
Author | : van Klink, Bart |
Publisher | : Edward Elgar Publishing |
Total Pages | : 321 |
Release | : 2022-09-15 |
Genre | : Law |
ISBN | : 1803921404 |
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This innovative book explores the role of utopian thinking in law and politics, including alternative forms of social engineering, such as technology and architecture. Building on Levitas’ Utopia as Method, the topic of utopia is addressed within the book from a multidisciplinary perspective.
Author | : Elizabeth F. Cohen |
Publisher | : |
Total Pages | : 195 |
Release | : 2018-03 |
Genre | : Philosophy |
ISBN | : 1108419836 |
Analyses of why precise dates and quantities of time become critical to transactions over citizenship rights in liberal democracies.
Author | : Sofia Ranchordás |
Publisher | : Bloomsbury Publishing |
Total Pages | : 407 |
Release | : 2020-04-16 |
Genre | : Law |
ISBN | : 1509930949 |
Offering a unique perspective on an overlooked subject – the relationship between time, change, and lawmaking – this edited collection brings together world-leading experts to consider how time considerations and social, political and technological change affect the legislative process, the interpretation of laws, the definition of the powers of the government and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and law, and change. The first part offers legal, theoretical and historical perspectives on the relationship between time and law, and how time shaped law and influences legal interpretation and constitutional change. The second part offers the reader an analysis of the different ways in which courts approach the impact of time on law, as well as theoretical and empirical reflections upon the meaning of the principle of legal certainty, legitimate expectations and the influence of law over time. The third part of the book analyses how legislation and the legislative process addresses time and change, and the various challenges they create to the legal order. The fourth and final part addresses the complex relationship between fast-paced technological change and the regulation of innovations.
Author | : Zachary Elkins |
Publisher | : Cambridge University Press |
Total Pages | : 271 |
Release | : 2009-10-12 |
Genre | : Law |
ISBN | : 1139479741 |
Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive study of constitutional mortality. They show that whereas constitutions are imperilled by social and political crises, certain aspects of a constitution's design can lower the risk of death substantially. Thus, to the extent that endurance is desirable - a question that the authors also subject to scrutiny - the decisions of founders take on added importance.
Author | : Daniel Bessner |
Publisher | : Berghahn Books |
Total Pages | : 320 |
Release | : 2018-10-19 |
Genre | : History |
ISBN | : 1785339168 |
In the decades following World War II, the science of decision-making moved from the periphery to the center of transatlantic thought. The Decisionist Imagination explores how “decisionism” emerged from its origins in prewar political theory to become an object of intense social scientific inquiry in the new intellectual and institutional landscapes of the postwar era. By bringing together scholars from a wide variety of disciplines, this volume illuminates how theories of decision shaped numerous techno-scientific aspects of modern governance—helping to explain, in short, how we arrived at where we are today.
Author | : Sian Beynon-Jones |
Publisher | : Routledge |
Total Pages | : 284 |
Release | : 2018-09-21 |
Genre | : Law |
ISBN | : 1351683748 |
Research on law's relationship with time has flourished over the past decade. This edited collection aims to put law and time scholarship into wider context, advancing conversations on time and temporalities between socio-legal scholars, anthropologists, sociologists, geographers and historians. Through a diverse range of contributions, the collection explores how legal modalities of time emerge and have effects within wider clusters of social and political action. Themes include: law’s diverse roles in maintaining linear historicist models of time; law’s participation in the materialisation of times; and the unsteady effects of temporal pluralism and polytemporalities in law. De-naturalising the ‘time’ in law and time scholarship, this collection positions time as something that can be enacted and materialised as well as experienced, with distinct implications for questions of social justice. The Introduction and Chapter 6 of this book are freely available as downloadable Open Access PDFs at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Author | : Jonathan Griffiths |
Publisher | : Oxford University Press |
Total Pages | : 360 |
Release | : 2021-11-22 |
Genre | : Law |
ISBN | : 0192608258 |
The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of “new constitutionalism”, the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this "constitutional" framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader "constitutional" norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.
Author | : Jiří Přibáň |
Publisher | : Routledge |
Total Pages | : 238 |
Release | : 2021-09-30 |
Genre | : Law |
ISBN | : 1000456102 |
This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.