Jurisprudence In A Globalized World
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| Author | : Jorge Luis Fabra-Zamora |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 287 |
| Release | : 2020-02-28 |
| Genre | : Law |
| ISBN | : 1788974425 |
Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.
| 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 | : William Twining |
| Publisher | : Cambridge University Press |
| Total Pages | : 300 |
| Release | : 2000-03 |
| Genre | : Law |
| ISBN | : 9780521605946 |
The text makes the case for a revival of general jurisprudence in response to globalisation.
| Author | : Eckart Gottschalk |
| Publisher | : Cambridge University Press |
| Total Pages | : 320 |
| Release | : 2011-03-03 |
| Genre | : Law |
| ISBN | : 9780521174015 |
This book contains ten contributions that examine current topics in the evolving transatlantic dialogue on the conflict of laws. The first five contributions deal with the design of judgments conventions in general, the recently adopted Hague Convention on Choice of Court Agreements, problems involving negative declaratory actions in international disputes, and recent transatlantic developments relating to service of process and collective proceedings. The remaining five contributions focus on comparative and economic dimensions of party autonomy, choice of law relating to intellectual property rights, the applicable law in antitrust law litigation, international arbitration, and actions for punitive damages.
| Author | : Christopher Gane |
| Publisher | : Taylor & Francis |
| Total Pages | : 342 |
| Release | : 2017-05-15 |
| Genre | : Law |
| ISBN | : 1134804741 |
This book discusses the opportunities and challenges facing legal education in the era of globalization. It identifies the knowledge and skills that law students will require in order to prepare for the practice of tomorrow, and explores pedagogical shifts legal education needs to make inside and outside of the classroom. With contributions from leading experts on legal education from various jurisdictions across the globe, the work combines theoretical depth with practical insights. Seeking to understand the changing landscape of legal education in the era of globalization, the contributions find that law schools can, and must, adopt educational strategies that at least present students with different understandings of what studying and practicing law is meant to be about. They find that law schools need to offer their students choices, a vision of practice that is not driven entirely by the demands of the marketplace or the needs of major international law firms. Bridging the gap between theory and practice, this book makes a significant contribution to the impact of globalization on legal education, and how students and law schools need to adapt for the future. It will be of great interest to academics and students of comparative legal studies and legal education, as well as policy-makers and practitioners.
| Author | : Rafael Domingo |
| Publisher | : Cambridge University Press |
| Total Pages | : 241 |
| Release | : 2010-02-26 |
| Genre | : Law |
| ISBN | : 1139485946 |
The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.
| Author | : Werner F. Menski |
| Publisher | : Cambridge University Press |
| Total Pages | : 565 |
| Release | : 2006-03-30 |
| Genre | : Law |
| ISBN | : 1139452711 |
Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.
| Author | : Paul Schiff Berman |
| Publisher | : |
| Total Pages | : 1133 |
| Release | : 2020 |
| 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"--
| Author | : Boaventura de Sousa Santos |
| Publisher | : Cambridge University Press |
| Total Pages | : 699 |
| Release | : 2020-10 |
| Genre | : Law |
| ISBN | : 1107157846 |
In a period of paradigmatic transition, Toward a New Legal Common Sense aims to devolve to law its emancipatory potential.
| Author | : William Twining |
| Publisher | : Cambridge University Press |
| Total Pages | : 519 |
| Release | : 2009-02-12 |
| Genre | : Law |
| ISBN | : 113947538X |
This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory.
