Toward a New Legal Common Sense

Law, Globalization, and Emancipation

Author: Boaventura de Sousa Santos

Publisher: Cambridge University Press

ISBN: 9780406949974

Category: Law

Page: 565

View: 1967

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

Pure Theory of Law

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584775785

Category: Law

Page: 356

View: 6708

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Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.Also available in cloth.

Nature's Trust

Environmental Law for a New Ecological Age

Author: Mary Christina Wood

Publisher: Cambridge University Press

ISBN: 0521195136

Category: Law

Page: 462

View: 5108

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This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.

Global Legal Pluralism

A Jurisprudence of Law Beyond Borders

Author: Paul Schiff Berman

Publisher: Cambridge University Press

ISBN: 0521769825

Category: LAW

Page: 344

View: 2347

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We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

If God Were a Human Rights Activist

Author: Boaventura de Sousa Santos

Publisher: Stanford University Press

ISBN: 0804795037

Category: Political Science

Page: 152

View: 6961

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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.

The Commonsense of Political Economy

Volume One

Author: Philip H. Wicksteed

Publisher: Routledge

ISBN: 1136510303

Category: Business & Economics

Page: 432

View: 1187

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First Published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

The Law

Author: Frederic Bastiat

Publisher: Cosimo, Inc.

ISBN: 1596059648

Category: Business & Economics

Page: 68

View: 9947

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French political libertarian and economist CLAUDE FRDRIC BASTIAT (1801-1850) was one of the most eloquent champions of the concept that property rights and individual freedoms flowed from natural law. Here, in this 1850 classic, a powerful refutation of Karl Marx's Communist Manifesto, published two years earlier, Bastiat discusses: . what is law? . why socialism constitutes legal plunder . the proper function of the law . the law and morality . "the vicious circle of socialism" . the basis for stable government . and more.

Law as a Gendering Practice

Author: Dorothy E. Chunn,Dany Lacombe

Publisher: Don Mills, Ont. : Oxford University Press

ISBN: 9780195412956

Category: Law

Page: 250

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This book comes about as a result of the problems that face contemporary feminists who teach, research, and write about the law. The goal of the editors in this volume is to build on, and empirically flesh out, the feminist argument that law cannot be thought of as simply a determining force in the defining of 'woman,' but the law must be thought of as a site of struggle. Traditionally, feminist research takes the view that law produces effects that discipline, control, and regulate women. This book will avoid these depictions of law as a malevolent actor, and will instead concentrate on the struggles over meanings about gender. The editors and contributors to this volume explore and analyze law as a 'gendering practice.' This 'gendering practice' assumes that law is a practice that interacts with other practices to produce meanings about gender. The editors' analysis focuses on and illustrates the complex and often contradictory workings of legal discourse. The book will demonstrate how legal discourse participates in the defining and construction of 'woman' and thereby reproduces the social relations of power that we find in contemporary law. While they may focus on diverse aspects of the law, all of the contributors address the same issue in their respective analyses: how legal struggles over meanings about gender are reproduced, legitimized, and refashioned.

Legal Pluralism in Indonesia

Bridging the Unbridgeable

Author: Ratno Lukito

Publisher: Routledge

ISBN: 0415673429

Category: Law

Page: 271

View: 9341

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With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and 'conflictual' domains of legal pluralism in Indonesia, the book discusses the understanding of the state's attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.

Health Law and the European Union

Author: Tamara K. Hervey,Jean V. McHale

Publisher: Cambridge University Press

ISBN: 9781139455350

Category: Law

Page: N.A

View: 1525

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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.

Cases and Materials on the English Legal System

Author: Michael Zander

Publisher: Cambridge University Press

ISBN: 1139463349

Category: Law

Page: N.A

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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.

Atiyah's Accidents, Compensation and the Law

Author: Peter Cane

Publisher: Cambridge University Press

ISBN: 1139457489

Category: Law

Page: N.A

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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.

Transgender Jurisprudence

Dysphoric Bodies of Law

Author: Andrew N. Sharpe

Publisher: Routledge

ISBN: 1859416667

Category: Law

Page: 229

View: 1797

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This work aims to move beyond liberal law reform to interrogate the transgender/law relation in a sustained and critical manner. Its concern is to map contemporary legal regulation of transgender bodies within a common law tradition. The specific focus is upon ideas of transgender that define the terms of this regime.

The Rise of the Global Left

The World Social Forum and Beyond

Author: Boaventura De Sousa Santos

Publisher: Zed Books Ltd.

ISBN: 1848137745

Category: Political Science

Page: 400

View: 865

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Leading sociologist Boaventura de Sousa Santos makes an impassioned case for the politicisation of the World Social Forum, arguing that its full potential as a force for social, economic and political change can be achieved only by taking a stand against neo-liberal globalization, war, famine and corruption. However, since its inception in Porto Alegre in 2001, the World Social Forum has refused to adopt political positions on world events, preferring instead to provide a platform that facilitates cooperation between diverse social movements. Through a detailed analysis of the WSF's history and organization, he demonstrates that it has always been an inherently political organization, and argues that if the WSF is able to realise its potential as an institution for a new form of politics, it will become a global power to be reckoned with in the 21st century.

Law and Globalization from Below

Towards a Cosmopolitan Legality

Author: Boaventura de Sousa Santos,César A. Rodríguez-Garavito

Publisher: Cambridge University Press

ISBN: 9780521607353

Category: Law

Page: 395

View: 4069

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An unprecedented attempt to analyze the role of the law in the global movement for social justice.

Families and the European Union

Law, Politics and Pluralism

Author: Clare McGlynn

Publisher: Cambridge University Press

ISBN: 1139457373

Category: Law

Page: N.A

View: 9527

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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

Author: William Twining

Publisher: Cambridge University Press

ISBN: 0521113210

Category: Law

Page: 238

View: 6403

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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.