Legal Positivism In A Global And Transnational Age
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Legal Positivism In A Global And Transnational Age
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Author : Luca Siliquini Cinelli
language : en
Publisher:
Release Date : 2019
Legal Positivism In A Global And Transnational Age written by Luca Siliquini Cinelli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Legal positivism categories.
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.
International Legal Positivism In A Post Modern World
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Author : Jörg Kammerhofer
language : en
Publisher: Cambridge University Press
Release Date : 2014-10-06
International Legal Positivism In A Post Modern World written by Jörg Kammerhofer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-06 with Law categories.
The first comprehensive study of international legal positivism and how this theory operates in twenty-first-century international legal scholarship.
Legal Positivism In A Global And Transnational Age
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Author : Luca Siliquini-Cinelli
language : en
Publisher: Springer Nature
Release Date : 2019-08-30
Legal Positivism In A Global And Transnational Age written by Luca Siliquini-Cinelli and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-30 with Law categories.
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.
State Law And Legal Positivism
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Author :
language : en
Publisher: BRILL
Release Date : 2021-12-13
State Law And Legal Positivism written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-13 with Law categories.
There was a truly global revolution that reflected a Great Divide between ancient and new legal regimes. The volume emphasizes its depth and scale and explores the phenomenon in the contexts of Morocco, Egypt, India, the Ottoman empire, China, and Japan.
Globalisation And Legal Theory
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Author : William Twining
language : en
Publisher: Cambridge University Press
Release Date : 2000-03
Globalisation And Legal Theory written by William Twining and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-03 with Law categories.
The text makes the case for a revival of general jurisprudence in response to globalisation.
Legal Positivism
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Author : Tom D. Campbell
language : en
Publisher: Routledge
Release Date : 2016-12-05
Legal Positivism written by Tom D. Campbell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.
Despite persistent criticism from a variety of different perspectives including natural law, legal realism and socio-legal studies, legal positivism remains as an enduring theory of law. The essays contained in this volume represent the most balanced responses toward legal positivism and although largely sympathetic, the essays do not fail to criticize elements of the tradition wherever appropriate.
Law Morality And Legal Positivism
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Author : International Association for Philosophy of Law and Social Philosophy. World Congress
language : de
Publisher: Franz Steiner Verlag
Release Date : 2004
Law Morality And Legal Positivism written by International Association for Philosophy of Law and Social Philosophy. World Congress and has been published by Franz Steiner Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Contents P. Capps: Positivism in Law and International Law D. von Daniels: Is Positivism a State Centered Theory? K. E. Himma: Legal Positivism's Conventionality Thesis and the Methodology of Conceptual Analysis R. Nunan: A Modest Rehabilitation of the Separability Thesis A. Oladosu: Choosing Legal Theory on Cultural Grounds: An African Case for Legal Positivism C. Orrego: Hart's Last Legal Positivism: Morality Might Be Objective; Legality Certainly is Not M. Pavcnik: Die (Un)Produktivitat der Positivistischen Jurisprudenz M. Haase: The Hegelianism in Kelsen's Pure Theory of Law S. Papaefthymiou: The House Kelsen Built U. J. Pak: Legal Practitioners' Need of Reflective Application of Legal Philosophy in Korea U. Schmill: Jurisprudence and the Concept of Revolution D. Venema: Judicial Discretion: a Necessary Evil? J. Baker: Rights, Obligations, and Duties, and the Intersection of Law, Conventions and Morals S. Bertea: Legal Systems' Claim to Normativity and the Concept of Law J. Dalberg-Larsen: On the Relevance of Habermas and Theories of Legal Pluralism for the Study of Environmental Law A. Philippopoulos-Mihalopoulos: A Connection of No-Connection in Luhmann and Derrida.
Scientia Iuris
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Author : Luca Siliquini-Cinelli
language : en
Publisher: Springer Nature
Release Date :
Scientia Iuris written by Luca Siliquini-Cinelli and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
The Concept Of Law From A Transnational Perspective
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Author : Detlef von Daniels
language : en
Publisher: Routledge
Release Date : 2016-03-23
The Concept Of Law From A Transnational Perspective written by Detlef von Daniels and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-23 with Law categories.
This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.
Vienna Lectures On Legal Philosophy Volume 1
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Author : Christoph Bezemek
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-06-14
Vienna Lectures On Legal Philosophy Volume 1 written by Christoph Bezemek and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-14 with Law categories.
The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a 'postnational constellation' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.