Against Fragmentation

Against Fragmentation
Author: Alvin Ward Gouldner
Publisher: Oxford University Press, USA
Total Pages: 360
Release: 1985
Genre: Drama
ISBN:

A sequel to The Two Marxisms, this book applies resources Gouldner developed over the last decade and also draws on his earlier accomplishments in an effort to understand the sources of both Marxist rationality and irrationality.

Fragmentation vs the Constitutionalisation of International Law

Fragmentation vs the Constitutionalisation of International Law
Author: Andrzej Jakubowski
Publisher: Routledge
Total Pages: 340
Release: 2016-07-01
Genre: Law
ISBN: 1317312279

The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.

Fragmentation and Redemption

Fragmentation and Redemption
Author: Caroline Walker Bynum
Publisher: Princeton University Press
Total Pages: 440
Release: 1991
Genre: History
ISBN:

Arguing that historians must write in a comic mode, aware of history's artifice, risks, and incompletion, Caroline Walker Bynum here examines diverse medieval texts to show how women were able to appropriate dominant social symbols in ways that allowed for the emergence of their own creative voices. By arguing for the positive importance attributed to the body, these essays give a new interpretation of gender in medieval texts and of the role of asceticism and mysticism in Christianity.

Patterns of Treaty Interpretation as Anti-Fragmentation Tools

Patterns of Treaty Interpretation as Anti-Fragmentation Tools
Author: Liliana E. Popa
Publisher: Springer
Total Pages: 409
Release: 2017-12-29
Genre: Law
ISBN: 3319654888

This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR’s and WTO’s interpretative practices, both the VCLT’s general rules of interpretation and the ICJ’s interpretative practice serve to counteract the fragmentation of international law.

Fragmentation vs the Constitutionalisation of International Law

Fragmentation vs the Constitutionalisation of International Law
Author: Andrzej Jakubowski
Publisher: Routledge
Total Pages: 319
Release: 2016-07-01
Genre: Law
ISBN: 1317312287

The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.

Between Fragmentation and Democracy

Between Fragmentation and Democracy
Author: Eyal Benvenisti
Publisher: Cambridge University Press
Total Pages: 247
Release: 2017-08-31
Genre: Law
ISBN: 110841687X

This book explores how global institutions have created democratic deficits, and the role of the courts in mitigating the effects of globalization.

Atrocity Speech Law

Atrocity Speech Law
Author: Gregory S. Gordon
Publisher: Oxford University Press
Total Pages: 465
Release: 2017
Genre: History
ISBN: 0190612681

This book is the first comprehensive study of the international law encompassing hate speech. Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.

The Fragmentation of U.S. Health Care

The Fragmentation of U.S. Health Care
Author: Einer Elhauge
Publisher: Oxford University Press, USA
Total Pages: 397
Release: 2010
Genre: Health & Fitness
ISBN: 019539013X

Why is the American health care system so fragmented in the care it gives patients? This title approaches this question and more with a highly interdisciplinary approach. The articles included in the work address legal and regulatory issues, including laws that mandate separate payments for each provider.

Will the Internet Fragment?

Will the Internet Fragment?
Author: Milton Mueller
Publisher: John Wiley & Sons
Total Pages: 140
Release: 2017-05-23
Genre: Social Science
ISBN: 1509501258

The Internet has united the world as never before. But is it in danger of breaking apart? Cybersecurity, geopolitical tensions, and calls for data sovereignty have made many believe that the Internet is fragmenting. In this incisive new book, Milton Mueller argues that the “fragmentation” diagnosis misses the mark. The rhetoric of “fragmentation” camouflages the real issue: the attempt by governments to align information flows with their jurisdictional boundaries. The fragmentation debate is really a power struggle over the future of national sovereignty. It pits global governance and open access against the traditional territorial institutions of government. This conflict, the book argues, can only be resolved through radical institutional innovations. Will the Internet Fragment? is essential reading for students and scholars of media and communications, international relations, political science and STS, as well as anyone concerned about the quality of Internet governance.