Law's Ethical, Global and Theoretical Contexts

Law's Ethical, Global and Theoretical Contexts
Author: Upendra Baxi
Publisher: Cambridge University Press
Total Pages:
Release: 2015-10-22
Genre: Law
ISBN: 1316404765

Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory.

Jurist in Context

Jurist in Context
Author: William Twining
Publisher: Cambridge University Press
Total Pages: 415
Release: 2019-02-14
Genre: Biography & Autobiography
ISBN: 1108480977

A leading English jurist reflects on the development of his thoughts and writings in legal theory over sixty years.

Legal Positivism in a Global and Transnational Age

Legal Positivism in a Global and Transnational Age
Author: Luca Siliquini-Cinelli
Publisher: Springer Nature
Total Pages: 315
Release: 2019-08-30
Genre: Law
ISBN: 3030247058

A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.

Handbook on Global Constitutionalism

Handbook on Global Constitutionalism
Author: Anthony F. Lang
Publisher: Edward Elgar Publishing
Total Pages: 609
Release: 2023-11-03
Genre: Political Science
ISBN: 1802200266

This thoroughly revised Handbook presents an up-to-date political and philosophical history of global constitutionalism. By exploring the constitutional-like qualities of international affairs, it provides key insight into the evolving world order.

Positive Law from the Muslim World

Positive Law from the Muslim World
Author: Baudouin Dupret
Publisher: Cambridge University Press
Total Pages: 329
Release: 2021-06-24
Genre: Law
ISBN: 1108845215

Dupret explores how the concept of positive law operated in the Muslim world.

The Legitimacy of EU Criminal Law

The Legitimacy of EU Criminal Law
Author: Irene Wieczorek
Publisher: Bloomsbury Publishing
Total Pages: 271
Release: 2020-07-09
Genre: Law
ISBN: 1509919767

This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.

Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery

Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery
Author: Prabha Kotiswaran
Publisher: Cambridge University Press
Total Pages: 607
Release: 2017-05-25
Genre: Political Science
ISBN: 1108228739

In the decades following the globalization of the world economy, trafficking, forced labor and modern slavery have emerged as significant global problems. States negotiated the Palermo Protocol in 2000 under which they agreed to criminalize trafficking, primarily understood as an issue of serious organized crime. Sixteen years later, leading academics, activists and policy makers from international organizations come together in this edited volume and adopt an inter-disciplinary, multi-stakeholder approach to revisit trafficking through the lens of labor migration and extreme exploitation and, in the process, rethink the law and governance of trafficking. This volume considers many key factors, including the evolving international law on trafficking, the relationship between trafficking, slavery, indenture and domestic migration law and policy as well as newly emergent techniques of governance, including indicators, all with a view to furthering prospects for lasting economic justice in a globalized world.

Transnational Narratives and Regulation of GMO Risks

Transnational Narratives and Regulation of GMO Risks
Author: Giulia Claudia Leonelli
Publisher: Bloomsbury Publishing
Total Pages: 368
Release: 2021-11-04
Genre: Law
ISBN: 1509937374

This book provides an innovative insight into the regulatory conundrum of genetically modified organisms (GMOs), deploying transnational legal analysis as a methodological framework to explore the most controversial area of risk governance. The book deconstructs hegemonic and counter-hegemonic transnational narratives on the governance of GMO risks, cutting across US law, EU law, the WTO Agreement on Sanitary and Phytosanitary Measures, and hybrid standard-setting regimes. Should uncertain risks be run unless adverse effects have been conclusively established, and should regulators only act where this is cost-benefit effective? Should risk managers make a convincing case that a product or process is safe enough for the relevant uncertain risks to be socially acceptable? How can intractable transnational regulatory conflicts be solved? The book complements a close analysis of regulatory frameworks and case law with a more encompassing perspective on the political, socio-economic and distributional implications of different approaches to the regulation of health and environmental risks at times of globalisation. The GMO deadlock thus becomes a lens through which to investigate the underlying value systems, goals, and impacts of transnational discourses on risk governance. Against this backdrop, the normative strand of analysis points to the limited ability of science and procedural deliberation to generate authentic agreement and to identify normatively legitimate solutions, in the absence of pre-existing shared perspectives.

Rethinking the Relationship between International, EU and National Law

Rethinking the Relationship between International, EU and National Law
Author: Lando Kirchmair
Publisher: Cambridge University Press
Total Pages: 421
Release: 2024-03-14
Genre: Law
ISBN: 1009380168

In view of the 'European sovereignty,' Kirchmair engages with the importance of EU external relations law and the need to structurally conceptualize how international agreements and customary international law relate to EU law. The book explores whether the European Court of Justice or national constitutional courts have the final say.

Transnational Law

Transnational Law
Author: Michael W. Dowdle
Publisher: Cambridge University Press
Total Pages: 745
Release: 2022-09-08
Genre: Law
ISBN: 1108284809

Globalisation impacts every aspect of modern society and today's law graduates are expected to deal with complex legal problems that require knowledge and training that goes beyond domestic law. This textbook provides an overview of how law is becoming increasingly transnational, facilitating theoretical and practical engagement with transnational legal institutions and phenomena. It advances an analytic framework that will help students to understand what to look for when they encounter transnational legal institutions and practices, and what are the practical and normative implications of their findings. By considering both the theory and practice of transnational law and taking a discursive approach to the material, students are encouraged to arrive at their own conclusions. Adopting interdisciplinary techniques and using case studies from around the world, this book offers a holistic, balanced exploration of a new and emerging discipline.