Toward a New Legal Common Sense

Law, Globalization, and Emancipation

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Author: Boaventura de Sousa Santos

Publisher: Cambridge University Press

ISBN: 9780406949974

Category: Law

Page: 565

View: 8414

The text emphasises a need for reconstruction of legality based on locality, nationality and globality.

Law after Modernity

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Author: Sionaidh Douglas Scott

Publisher: A&C Black

ISBN: 1782251200

Category: Law

Page: 428

View: 8135

How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.

Making People Illegal

What Globalization Means for Migration and Law

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Author: Catherine Dauvergne

Publisher: Cambridge University Press

ISBN: 0521895081

Category: Law

Page: 216

View: 8952

Making People Illegal evaluates why migration law in the twenty-first century is markedly different from even the recent past, and argues that this is a harbinger of paradigm shift in the rule of law."--BOOK JACKET.

Law, Infrastructure and Human Rights

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Author: Michael B. Likosky

Publisher: Cambridge University Press

ISBN: 1139458647

Category: Political Science

Page: N.A

View: 3792

From attacks on oil infrastructure in post-war reconstruction Iraq to the laying of gas pipelines in the Amazon Rainforest through indigenous community villages, infrastructure projects are sites of intense human rights struggles. Many state and non-state actors have proposed solutions for handling human rights problems in the context of specific infrastructure projects. Solutions have been admired for being lofty in principle; however, they have been judged wanting in practice. This book analyzes how human rights are handled in varied contexts and then assesses the feasibility of a common international institutional solution under the auspices of the United Nations to the alleged problem of the inability to translate human rights into practice.

If God Were a Human Rights Activist

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Author: Boaventura de Sousa Santos

Publisher: Stanford University Press

ISBN: 0804795037

Category: Political Science

Page: 152

View: 9495

We live in a time when the most appalling social injustices and unjust human sufferings no longer seem to generate the moral indignation and the political will needed both to combat them effectively and to create a more just and fair society. If God Were a Human Rights Activist aims to strengthen the organization and the determination of all those who have not given up the struggle for a better society, and specifically those that have done so under the banner of human rights. It discusses the challenges to human rights arising from religious movements and political theologies that claim the presence of religion in the public sphere. Increasingly globalized, such movements and the theologies sustaining them promote discourses of human dignity that rival, and often contradict, the one underlying secular human rights. Conventional or hegemonic human rights thinking lacks the necessary theoretical and analytical tools to position itself in relation to such movements and theologies; even worse, it does not understand the importance of doing so. It applies the same abstract recipe across the board, hoping that thereby the nature of alternative discourses and ideologies will be reduced to local specificities with no impact on the universal canon of human rights. As this strategy proves increasingly lacking, this book aims to demonstrate that only a counter-hegemonic conception of human rights can adequately face such challenges.

Grenzüberschreitende Verbraucherverträge

Rechtssicherheit und Gerechtigkeit auf dem elektronischen Weltmarktplatz

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Author: Gralf-Peter Calliess

Publisher: Mohr Siebeck

ISBN: 9783161488481

Category: Law

Page: 528

View: 978

English summary: E-commerce integrates the consumer into global markets. But who provides the necessary institutional framework for international contractual exchange? Gralf-Peter Calliess analyzes in detail the current German legal regime for cross-border consumer contracts as well as recent reform projects in Europe and the United States. The results are devastating: the nation states are both unable and unwilling to guarantee legal certainty and fairness on the global market place. Within the broader context of the global governance debate, transnational legal regimes based on co-regulation of states, industry, and civil society are proposed as an alternative. The New Law Merchant as well as the Uniform Dispute Resolution Policy of ICANN are taken as blueprints for a global consumer protection regime, the establishment of which can be observed on the basis of codes of conduct, trustmark schemes, and online dispute resolution systems. German description: Welche Folgen hat die Europaisierung und Internationalisierung der Markte fur das Schuldvertragsrecht? Insbesondere die rasante Entwicklung des elektronischen Geschaftsverkehrs hat den Ruf nach einem Europaischen Vertragsrecht oder gar einem Weltprivatrecht wieder laut werden lassen. Am Beispiel des Verbrauchervertragsrechts fragt Gralf-Peter Calliess nach dem Schicksal bisher vom Nationalstaat garantierter sozialer Schutzrechte in der Globalisierung. Im ersten Teil analysiert er das geltende deutsche, europaische und internationale Recht der grenzuberschreitenden Verbrauchervertrage. Im zweiten Teil untersucht er Losungsansatze fur die neue Problemlage, dass nicht nur die internationale Kaufmannschaft, sondern auch unerfahrene Verbraucher direkten Zutritt zu den Weltmarkten haben. Er beleuchtet aktuelle Entwicklungen im internationalen Privat- und Zivilverfahrensrecht und kommt zu einem vernichtenden Ergebnis: die Nationalstaaten sind weder willens noch in der Lage, fur Rechtssicherheit und Gerechtigkeit auf globalen Markten zu sorgen. Der Autor fragt deshalb nach dem potentiellen Beitrag von privater Ordnung und zivilgesellschaftlicher Global Governance zur Entstehung einer Weltrechtsordnung. Ist Recht auch jenseits der Nationalstaaten denkbar? Am Beispiel der Lex Mercatoria und der ICANN UDRP werden Voraussetzungen, Funktionsweise und Legitimation nicht-staatlicher, transnationaler Zivilregimes erlautert. Im dritten Teil wird schliesslich die Entwicklung eines transnationalen Verbrauchervertragsrechts fur den elektronischen Weltmarktplatz nachgezeichnet.

Intimations of Global Law

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Author: Neil Walker

Publisher: Cambridge University Press

ISBN: 1316195708

Category: Law

Page: N.A

View: 2791

A strain of law reaching beyond any bounded international or transnational remit to assert a global jurisdiction has recently acquired a new prominence. Intimations of Global Law detects this strain in structures of international law claiming a planetary scope independent of state consent, in new threads of global constitutional law, administrative law and human rights, and in revived notions of ius gentium and the global rule of law. It is also visible in the legal pursuit of functionally differentiated global public goods, general conflict rules, norms of 'legal pluralism' and new legal hybrids such as the global law of peace and humanity law. The coming of global law affects how law manifests itself in a global age and alters the shape of our legal-ethical horizons. Global law presents a diverse, unsettled and sometimes conflicted legal category, and one which challenges our very understanding of the rudiments of legal authority.

Fault Lines of Globalization

Legal Order and the Politics of A-Legality

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Author: Hans Lindahl

Publisher: OUP Oxford

ISBN: 0191511536

Category: Law

Page: 350

View: 6351

The question whether and how boundaries might individuate and thereby be constitutive features of any imaginable legal order has yet to be addressed in a systematic and comprehensive manner by legal and political theory. This book seeks to address this important omission, providing an original contribution to the debate about law in a global setting. Against the widely endorsed assumption that we are now moving towards law without boundaries, it argues that every imaginable legal order, global or otherwise, is bounded in space, time, membership, and content. The book is built up around three main insights. Firstly, that legal orders can best be understood as a form of joint action in which authorities mediate and uphold who ought to do what, where, and when with a view to realising the normative point of acting together. Secondly, that behaviour can call into question the boundaries that determine who ought to do what, where and when: a-legality. Thirdly, that this a-legality reveals boundaries as marking a limit and, to a lesser or greater extent, a fault line of the respective legal order. Legal boundaries reveal ways of ordering the who, what, where, and when of behaviour which have been excluded, yet which remain within the range of practical possibilities accessible to the collective: limits. However legal boundaries also intimate an order which exceeds the range of possibilities accessible to that collective - the fault line of the respective legal order. Careful analysis of a wide range of legal orders, including nomadism, Roman law, classical international law, ius gentium, multinationals, cyberlaw, lex mercatoria, the EU, global regimes of human rights, and space law validates this thesis. What sense, then, can we make of the normativity of the law, if there can be no inclusion without exclusion? Arguing that legal and political theories misunderstand how legal boundaries do their work of including and excluding, the book develops a normative theory of legal order which is alternative to both communitarianism and cosmopolitanism.

Speaking Rights to Power

Constructing Political Will

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Author: Alison Brysk

Publisher: Oxford University Press

ISBN: 0199359261

Category: Political Science

Page: 272

View: 6000

How can "Speaking Rights to Power" construct political will to respond to human rights abuse worldwide? Examining dozens of cases of human rights campaigns and using an innovative analysis of the politics of persuasion, this book shows how communication politics build recognition, solidarity, and social change. Building on twenty years of research on five continents, this comprehensive study ranges from Aung San Suu Kyi to Anna Hazare, from Congo to Colombia, and from the Arab Spring to Pussy Riot. Speaking Rights to Power addresses cutting edge debates on human rights and the ethic of care, cosmopolitanism, charismatic leadership, communicative action and political theater, and the role of social media. It draws on constructivist literature from social movement and international relations theory, and analyzes human rights as a form of global social imagination. Combining a normative contribution with judicious critique, this book shows how human rights rhetoric matters-and how to make it matter more.

Law and Anthropology

Current Legal Issues

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Author: Michael Freeman,David Napier

Publisher: Oxford University Press

ISBN: 019958091X

Category: Law

Page: 569

View: 2346

Law and Anthropology, the latest volume in the Current Legal Issues series, offers an insight into the state of law and anthropology scholarship today. Focussing on the inter-connections between the two disciplines it also includes case studies from around the world.

Lawyering Skills and the Legal Process

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Author: Caroline Maughan,Julian Webb

Publisher: Cambridge University Press

ISBN: 9780521619509

Category: Law

Page: 443

View: 6069

Bridges the gap between academic and practical law for students undertaking skills-based and clinical legal education courses at university.

Cases and Materials on the English Legal System

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Author: Michael Zander

Publisher: Cambridge University Press

ISBN: 1139463349

Category: Law

Page: N.A

View: 2940

This title, a companion volume to The Law Making Process, is the definitive collection of cases and materials on the workings of the English legal system. Written by the foremost scholar in the field, it surveys how the law functions from the trial process (from pre-trial proceedings to the funding of trials), the role of the jury, and the legal profession. This edition takes account of all recent major legislative and judicial changes and updates the material on the established areas of the law. The book takes a 'law in context' approach, setting out those factors beyond the legal environment which impact on and inform the changes within it. The collection is required reading for all students seeking a thorough knowledge and in-depth understanding of how the English legal system operates.

Critical Digital Studies

A Reader, Second Edition

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Author: Arthur Kroker,Marilouise Kroker

Publisher: University of Toronto Press

ISBN: 1442666714

Category: Social Science

Page: 624

View: 8722

Since its initial publication, Critical Digital Studies has proven an indispensable guide to understanding digitally mediated culture. Bringing together the leading scholars in this growing field, internationally renowned scholars Arthur and Marilouise Kroker present an innovative and interdisciplinary survey of the relationship between humanity and technology. The reader offers a study of our digital future, a means of understanding the world with new analytic tools and means of communication that are defining the twenty-first century. The second edition includes new essays on the impact of social networking technologies and new media. A new section – “New Digital Media” – presents important, new articles on topics including hacktivism in the age of digital power and the relationship between gaming and capitalism. The extraordinary range and depth of the first edition has been maintained in this new edition. Critical Digital Studies will continue to provide the leading edge to readers wanting to understand the complex intersection of digital culture and human knowledge.

Health Law and the European Union

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Author: Tamara K. Hervey,Jean V. McHale

Publisher: Cambridge University Press

ISBN: 9781139455350

Category: Law

Page: N.A

View: 9773

How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.

Families and the European Union

Law, Politics and Pluralism

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Author: Clare McGlynn

Publisher: Cambridge University Press

ISBN: 1139457373

Category: Law

Page: N.A

View: 8082

In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn argues that a traditional concept of 'family' which has many adverse effects - on individuals, on families (in all their diverse forms), and indeed on the economic ambitions of the EU is forming the basis for the little-recognised and under-researched field of EU family law. This book examines three different aspects of family life - childhood, parenthood and partnerships - and critically analyses existing EU law in relation to each. It examines the emerging field of EU family law, providing a highly sceptical account of recent developments and a robust challenge to the arguments in favour of the codification of European civil law, including family law.

Human Rights, Southern Voices

Francis Deng, Abdullahi An-Na'im, Yash Ghai and Upendra Baxi

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Author: William Twining

Publisher: Cambridge University Press

ISBN: 0521113210

Category: Law

Page: 238

View: 1023

This anthology contains a variety of Southern perspectives on human rights and contemporary issues relating to Islam, African custom, constitution making and abuses of the language of human rights.

British Government and the Constitution

Text and Materials

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Author: Colin Turpin,Adam Tomkins

Publisher: Cambridge University Press

ISBN: 1139503863

Category: Law

Page: N.A

View: 5160

Like the immensely successful previous edition of this highly respected work, this new edition has been jointly prepared and thorough updated by Colin Turpin and Adam Tomkins. It takes fully into account constitutional developments under the coalition government and examines the most recent case law of the Supreme Court, the European Court of Justice and the European Court of Human Rights. While it includes extensive material and commentary on contemporary constitutional practice, the book covers the historical traditions and the continuity of the British constitution as well as the current tide of change. Designed principally for law students, the book includes substantial extracts from parliamentary and other political sources, as well as from legislation and case law, making it ideal for politics and government students. With its fresh design it provides a full yet accessible account of the British constitution at a fascinating moment in its ongoing development.

Atiyah's Accidents, Compensation and the Law

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Author: Peter Cane

Publisher: Cambridge University Press

ISBN: 1139457489

Category: Law

Page: N.A

View: 5625

Since its first publication, Accidents, Compensation and the Law has been recognised as the leading treatment of the law of personal injuries compensation and the social, political and economic issues surrounding it. The seventh edition of this classic work explores recent momentous changes in personal injury law and practice and puts them into broad perspective. Most significantly, it examines developments affecting the financing and conduct of personal injury claiming: the abolition of legal aid for most personal injury claims; the increasing use of conditional fee agreements and after-the-event insurance; the meteoric rise and impending regulation of the claims management industry. Complaints that Britain is a 'compensation culture' suffering an 'insurance crisis' are investigated. New statistics on tort claims are discussed, providing fresh insights into the evolution of the tort system which, despite recent reforms, remains deeply flawed and ripe for radical reform.

Property Law

Commentary and Materials

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Author: Alison Clarke,Paul Kohler

Publisher: Cambridge University Press

ISBN: 9781139447171

Category: Law

Page: N.A

View: 4367

An innovative examination of the law's treatment of property, this student textbook provides an extremely useful and readable account of general property law principles. It draws on a wide range of materials on property rights in general, and the English property law system in particular, looking at all kinds of property, not just land. It includes the core legal source materials in property law along with excerpts from social science literature, legal theory, and economics, many of which are not easily accessible to law students. These materials are accompanied by a critical commentary, as well as notes, questions and suggestions for further reading. It will be of interest to undergraduate property law students and to non-law students taking property law modules in courses covering planning, environmental law, economics and estate management.