The Oxford Handbook Of Global Legal Pluralism
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Author | : Paul Schiff Berman |
Publisher | : Oxford University Press |
Total Pages | : 944 |
Release | : 2020-06-01 |
Genre | : Law |
ISBN | : 0197516750 |
Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
Author | : Peter Cane |
Publisher | : OUP Oxford |
Total Pages | : 1112 |
Release | : 2012-05-17 |
Genre | : Law |
ISBN | : 019163543X |
The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.
Author | : Peer Zumbansen |
Publisher | : Oxford University Press |
Total Pages | : 1246 |
Release | : 2021 |
Genre | : Law |
ISBN | : 0197547419 |
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
Author | : Paul Schiff Berman |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2012-02-27 |
Genre | : Law |
ISBN | : 1107376912 |
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.
Author | : John S Dryzek |
Publisher | : Oxford University Press, USA |
Total Pages | : 898 |
Release | : 2008-06-12 |
Genre | : Philosophy |
ISBN | : 0199548439 |
Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from 51 major international scholars, the Oxford Handbook of Political Theory provides the key point of reference for anyone working in political theory and beyond.
Author | : Colin McInnes |
Publisher | : Oxford University Press, USA |
Total Pages | : 749 |
Release | : 2020 |
Genre | : Medical |
ISBN | : 0190456817 |
Protecting and promoting health is inherently a political endeavor that requires a sophisticated understanding of the distribution and use of power. Yet while the global nature of health is widely recognized, its political nature is less well understood. In recent decades, the interdisciplinary field of global health politics has emerged to demonstrate the interconnections of health and core political topics, including foreign and security policy, trade, economics, and development. Today a growing body of scholarship examines how the global health landscape has both shaped and been shaped by political actors and structures. The Oxford Handbook of Global Health Politics provides an authoritative overview and assessment of research on this important and complicated subject. The volume is motivated by two arguments. First, health is not simply a technical subject, requiring evidence-based solutions to real-world problems, but an arena of political contestation where norms, values, and interests also compete and collide. Second, globalization has fundamentally changed the nature of health politics in terms of the ideas, interests, and institutions involved. The volume comprises more than 30 chapters by leading experts in global health and politics. Each chaper provides an overview of the state of the art on a given theoretical perspective, major actor, or global health issue. The Handbook offers both an excellent introduction to scholars new to the field and also an invaluable teaching and research resource for experts seeking to understand global health politics and its future directions.
Author | : Anne Orford |
Publisher | : Oxford University Press |
Total Pages | : 1089 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198701950 |
Histories -- Approaches -- Regimes and doctrines -- Debates
Author | : Stephen Allen |
Publisher | : Oxford University Press |
Total Pages | : 700 |
Release | : 2019-09-17 |
Genre | : Law |
ISBN | : 0191089370 |
The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.
Author | : Andrew Clapham |
Publisher | : |
Total Pages | : 1009 |
Release | : 2014-03 |
Genre | : History |
ISBN | : 0199559694 |
Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.
Author | : Paul Schiff Berman |
Publisher | : Oxford University Press, USA |
Total Pages | : 1133 |
Release | : 2020-09-24 |
Genre | : Law |
ISBN | : 0197516742 |
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--