Lex Mercatoria And Legal Pluralism


Lex Mercatoria And Legal Pluralism
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Lex Mercatoria And Legal Pluralism


Lex Mercatoria And Legal Pluralism
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Author : Ames Foundation
language : en
Publisher:
Release Date : 1998

Lex Mercatoria And Legal Pluralism written by Ames Foundation and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.


"Lex mercatoria" in Latin and English. Includes bibliographical references and index.



Rules And Networks


Rules And Networks
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Author : Richard Appelbaum
language : en
Publisher: Hart Publishing
Release Date : 2001-12-31

Rules And Networks written by Richard Appelbaum and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-12-31 with Business & Economics categories.


This book explores how business people and their legal advisers try to minimise the effect of the difficulties imposed by different cultures.



Power And Pluralism In International Law


Power And Pluralism In International Law
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Author : Edward S. Cohen
language : en
Publisher: Routledge
Release Date : 2022-03-10

Power And Pluralism In International Law written by Edward S. Cohen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-10 with Law categories.


Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.



Global Law Without A State


Global Law Without A State
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Author : Gunther Teubner
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1997

Global Law Without A State written by Gunther Teubner and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.


This work deals with legal pluralism in an emerging world society. It central thesis is that globalization of law tends to create a decentred law-making process which occurs in multiple sectors of civil society, independently of nation states. Technical standardization, professional rule production, human rights, intra-organizational regulation in multinational enterprises, contracting, arbitration and other institutions of lex mercatoria are forms of rule by private governments, claiming world-wide validity independently of the law of the nation states. They have come into existence not by formal acts of nation states but by strange paradoxical acts of self-validation.



Law Legal Culture And Society


Law Legal Culture And Society
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Author : Alberto Febbrajo
language : en
Publisher: Taylor & Francis
Release Date : 2018-07-04

Law Legal Culture And Society written by Alberto Febbrajo and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-04 with Law categories.


This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.



Negotiating State And Non State Law


Negotiating State And Non State Law
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Author : Michael A. Helfand
language : en
Publisher: Cambridge University Press
Release Date : 2015-07-02

Negotiating State And Non State Law written by Michael A. Helfand 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 2015-07-02 with Law categories.


Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.



Advanced Introduction To Law And Globalisation


Advanced Introduction To Law And Globalisation
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Author : Jaakko Husa
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-11-30

Advanced Introduction To Law And Globalisation written by Jaakko Husa and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-30 with Law categories.


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.



Concepts Of Law


Concepts Of Law
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Author : Lukas Heckendorn Urscheler
language : en
Publisher: Routledge
Release Date : 2016-05-23

Concepts Of Law written by Lukas Heckendorn Urscheler and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.


Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ’governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.



Multicentrism As An Emerging Paradigm In Legal Theory


Multicentrism As An Emerging Paradigm In Legal Theory
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Author : Marek Zirk-Sadowski
language : en
Publisher: Peter Lang
Release Date : 2009

Multicentrism As An Emerging Paradigm In Legal Theory written by Marek Zirk-Sadowski and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Conflict of laws categories.


The contemporary legal theory is gradually departing from traditional theory of the hierarchical legal system. Some authors announce the supposed death of the concept of law within the state. The so-called multicentrism might become an attractive alternative to the traditional monocentric approach. The essence of multicentrism may be characterized as coexistence of many adjudicating bodies, especially courts, whose verdicts are equally effective within the national legal system. Such a situation takes place e. g. within the European legal area where multicentrism could be perceived as the existence of «sensitive» liaisons, entanglements and relations of dependence between the European Court of Human Rights in Strasbourg, the European Court of Justice in Luxemburg and national (especially constitutional) courts in member states. The coexistence of many centres of adjudication may thus become a constant feature of the system of regional and global law.



Normative Pluralism And International Law


Normative Pluralism And International Law
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Author : Jan Klabbers
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-22

Normative Pluralism And International Law written by Jan Klabbers 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 2013-04-22 with Law categories.


This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards, and morality.