The Negative Turn In Comparative Law
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The Negative Turn In Comparative Law
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Author : Pierre Legrand
language : en
Publisher: Taylor & Francis
Release Date : 2024-10-31
The Negative Turn In Comparative Law written by Pierre Legrand and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-31 with Law categories.
This book’s essays aim subversively and resolutely to replace the hegemonic discursive frame governing comparative law. Beyond harnessing negative critique to resist the orthodoxy’s self-assured cognitive assumptions, at once unexamined and indefensible, the argument mobilizes negativity as an empowering idea, a resource towards the displacement of the brand of comparative law that has been fostering a closing of the comparing mind. To answer the demands of the moment and herald foreign law research as a creditable intellectual development, one requires to engage in a culturalist theorization and practice of comparative law at radical variance from the prevailing positivist model. The negative turn, then, is a call to comparative action – a comparactive motion – in support of the robustly indisciplined thinking that must thoroughly inform research into foreign law. In photography, the negative has been employed productively to generate a positive print. In comparative law, negation wants to affirm edifying epistemic yields. This book will benefit all law teachers and postgraduate law students interested in the workings of law on the international scene, whether specialists in comparative law, public international law, private international law, transnational law, or foreign relations law – in particular, individuals bringing to bear a critical inclination to their subject-matter.
Negative Comparative Law
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Author : Pierre Legrand
language : en
Publisher: Cambridge University Press
Release Date : 2022-06-09
Negative Comparative Law written by Pierre Legrand 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 2022-06-09 with Law categories.
A critical manifesto making the case for a radically alternative approach to the theory and practice of comparative law.
Comparative Law And The Task Of Negative Critique
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Author : Pierre Legrand
language : en
Publisher: Taylor & Francis
Release Date : 2023-05-09
Comparative Law And The Task Of Negative Critique written by Pierre Legrand and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-09 with Law categories.
This book’s essays seek to cleanse comparative law of some of the epistemic detritus it has been collecting and that has been cluttering its theory and practice to the point where this flotsam has effectively stultified ‘good’ comparison. While a critique would pursue adjustments to the prevailing model, this text’s negative critique seeks a much more radical refurbishment as it utters an emphatic ‘no’ to the governing epistemology: it pursues, in effect, a deposition and a disposition of the leading epistemic configuration and the various assumptions regarding the acquisition of knowledge about foreign law that inform it. Negative comparative law thus operates at a primordial level inasmuch as it concerns the matter of justice: it aims to do justice to foreign law as foreignness finds itself appropriated and travestied by comparatists for ideological purposes. In the process, negative critique purports significantly to enhance comparative law’s institutional, intellectual, and ethical respectability. This book will benefit all law teachers and postgraduate law students interested in the workings of law on the international scene, whether specialists in comparative law, public international law, private international law, transnational law, or foreign relations law – in particular, individuals bringing to bear a critical inclination to their subject-matter.
A Cosmopolitan Jurisprudence
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Author : Helge Dedek
language : en
Publisher: Cambridge University Press
Release Date : 2024-04-18
A Cosmopolitan Jurisprudence written by Helge Dedek 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 2024-04-18 with Law categories.
H. Patrick Glenn (1940-2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed.
Comparative Law In A Global Context
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Author : Werner F. Menski
language : en
Publisher: Cambridge University Press
Release Date : 2006-03-30
Comparative Law In A Global Context written by Werner F. Menski 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 2006-03-30 with Law categories.
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.
International Encyclopedia Of Comparative Law
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Author : B. A. Hepple
language : en
Publisher: Brill Archive
Release Date : 1996
International Encyclopedia Of Comparative Law written by B. A. Hepple and has been published by Brill Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Employment (Economic theory) categories.
International Law For International Relations
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Author : Basak Cali
language : en
Publisher: Oxford University Press
Release Date : 2010
International Law For International Relations written by Basak Cali and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Language Arts & Disciplines categories.
This text provides students with comprehensive coverage that maps out the different ways to approach the study of international law. It explains the institutions and main sources of international law-making and identifies the key topics.
Comparative Law Of International Arbitration
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Author : Jean-François Poudret
language : en
Publisher: Sweet & Maxwell
Release Date : 2007
Comparative Law Of International Arbitration written by Jean-François Poudret and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Guides practitioners through the international arbitration process from beginning to end. This work covers each step of arbitral procedure, from the conclusion of the arbitration agreement to the enforcement of the arbitral award, from a comparative standpoint, helping practitioners decide which jurisdiction's rules they wish to be bound by
Legalization Of International Law And Politics
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Author : Henry (Chip) Carey
language : en
Publisher: Springer Nature
Release Date : 2023-01-01
Legalization Of International Law And Politics written by Henry (Chip) Carey and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-01 with Law categories.
This book provides an expanded conceptualization of legalization that focuses on implementation of obligation, precision, and delegation at the international and domestic levels of politics. By adding domestic politics and the actors to the international level of analysis, the authors add the insights of Kenneth Waltz, Graham Allison, and Louis Henkin to understand why most international law is developed and observed most of the time. However, the authors argue that law-breaking and law-distorting occurs as a part of negative legalization. Consequently, the book offers a framework for understanding how international law both produces and undermines order and justice. The authors also draw from realist, liberal, constructivist, cosmopolitan and critical theories to analyse how legalization can both build and/or undermine consensus, which results in either positive or negative legalization of international law. The authors argue that legalization is a process over time and not just a snapshot in time.
Non Legality In International Law
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Author : Fleur Johns
language : en
Publisher: Cambridge University Press
Release Date : 2013-01-03
Non Legality In International Law written by Fleur Johns 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 2013-01-03 with Law categories.
International lawyers typically start with the legal. What is a legal as opposed to a political question? How should international law adapt to the unforeseen? These are the routes by which international lawyers typically reason. This book begins, instead, with the non-legal. In a series of case studies, Fleur Johns examines what international lawyers cast outside or against law - as extra-legal, illegal, pre-legal or otherwise non-legal - and how this comes to shape political possibility. Non-legality is not merely the remainder of regulatory action. It is a key structuring device of contemporary global order. Constructions of non-legality are pivotal to debate in areas ranging from torture to foreign investment and from climate change to natural disaster relief. Understandings of non-legality inform what international lawyers today do and what they refrain from doing. Tracing and potentially reimagining the non-legal in international legal work is, accordingly, both vital and pressing.