Globalisation and Legal Theory PDF Download

Author: William Twining
Publisher: Cambridge University Press
ISBN: 9780521605946
Category : Law
Languages : en
Pages : 300

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Book Description
The text makes the case for a revival of general jurisprudence in response to globalisation.

Author: William Twining
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 300

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Book Description
Even local newspapers report on famines, global warming, human rights, the Internet, volatile financial markets, and world sports. Globalisation is news. What does it mean? What are the implications for understanding law? Can one look at law intelligently from a global perspective? This book addresses such issues by asking how traditional Anglo-American legal theory can respond to the challenges of globalisation. A series of critical, in-depth essays focus both on familiar figures, such as Bentham, Holmes, Hart, Dworkin, and Rawls, and on legal pluralism, comparative law, and post-modernism, represented by Santos and Calvino. The author explores the uses and limitations of our heritage of legal theory in dealing with the complexities of ordering relations at global, international, transnational, regional, national, sub-state, and local levels. In the process, he considers a wide range of issues, such as: Is law becoming detached from the nation state? Is humankind a single moral community? Why is drawing a general map of law in the world more difficult? Is depicting a legal order like depicting cities? What is the relationship between post-modernism and globalisation? The book ends with some provocative proposals for reviving general jurisprudence and rethinking comparative law. Readable, imaginative, and challenging, this book should be read by students of jurisprudence, comparative lawyers, and anyone interested in issues of globalisation.

Author: William L. Twining
Publisher: Cambridge University Press
ISBN: 9780406913593
Category : Law
Languages : en
Pages : 279

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Book Description
The text makes the case for a revival of general jurisprudence in response to globalisation.

Author: William Twining
Publisher:
ISBN: 9789058506825
Category : Law
Languages : en
Pages : 0

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Book Description
At the Montesquieu seminars, new developments in legal theory are explored and discussed. Fundamental problems experienced in the (practices of) law are reflected critically. A broad range of disciplines contribute at these attempts of sustained critical reflection. No particular school of legal theory is preferred over another. Tilburg Law School has an open mind for new approaches to law and does not want to limit the debate to the agenda set by some school, movement, or discipline. As a result, while the seminars are conceived around urgent actual problems, the focus is interdisciplinary. Due to this, the Montesquieu seminars are especially interesting for national and local politicians, students, policy makers, advisory bodies, entrepreneurs, business management, advocacy, and the judiciary. This book contains a written version of the sixth Montesquieu seminar, which was held in September 2009 by William Twining.

Author: Werner F. Menski
Publisher: Cambridge University Press
ISBN: 1139452711
Category : Law
Languages : en
Pages : 565

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Book Description
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: William Twining
Publisher: Cambridge University Press
ISBN: 113947538X
Category : Law
Languages : en
Pages : 519

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Book Description
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.

Author: Jaakko Husa
Publisher: Edward Elgar Publishing
ISBN: 178811647X
Category : Law
Languages : en
Pages : 192

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Book Description
This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.

Author: Jorge Luis Fabra-Zamora
Publisher: Edward Elgar Publishing
ISBN: 1788974425
Category : Law
Languages : en
Pages : 288

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Book Description
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: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 9781139446143
Category : Political Science
Languages : en
Pages : 424

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Book Description
This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.

Author: Findlay, Mark
Publisher: Edward Elgar Publishing
ISBN: 1788976851
Category : Law
Languages : en
Pages : 240

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Book Description
Advocating a style of law and a role for legal agency which returns to its essential humanist ideology and represents public spiritedness, this unique book confronts the myths surrounding globalisation, advancing the role for law as a change agent unburdened from its current market functionality.