The Oxford Handbook of Global Legal Pluralism, Berman Paul Schiff
Автор: Sokol, D. Daniel; Crane, Daniel; Ezrachi, Ariel Название: Global Antitrust and Compliance Handbook ISBN: 0198703848 ISBN-13(EAN): 9780198703846 Издательство: Oxford Academ Рейтинг: Цена: 13939.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A comprehensive reference guide covering critical antitrust compliance issues in 43 of the most important antitrust jurisdictions around the world.
Описание: This collection deals with the intricacies of enhancing access to human rights in a world that is to a large extent characterised by legal pluralism, ie the co-existence and interaction of various legal orders in the same field of social relations. The point of departure is that the promotion of human rights is a desirable, yet complex undertaking, and that the insights generated within the scholarly tradition of legal pluralism and the ‘universality debate’ can help elucidate the issues at stake. Aware of numerous misunderstandings and of the mutual suspicion that exists between human rights scholars and legal anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between them. In that endeavour, both legal pluralism and human rights are problematised. Rather than analysing whether legal pluralism is compatible with human rights or whether non-state legal orders either comply with or breach international standards, this book focuses on the question: how does legal pluralism interplay with the promotion of human rights? The contributors draw on experiences from Latin America, sub-Saharan Africa, Europe, Asia and the Middle East.
Автор: Ren? Provost; Colleen Sheppard Название: Dialogues on Human Rights and Legal Pluralism ISBN: 9400798121 ISBN-13(EAN): 9789400798120 Издательство: Springer Рейтинг: Цена: 25853.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Exploring the ways in which legal pluralism and human rights can be at once mutually reinforcing, delegitimizing, or mutually competitive, this collection of perspectives moves the debate on human rights beyond the limited scope of citizen-state relations.
Автор: Berman Название: Global Legal Pluralism ISBN: 1107651506 ISBN-13(EAN): 9781107651500 Издательство: Cambridge Academ Рейтинг: Цена: 7445.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book proposes a multidisciplinary approach that seeks to grapple with the pluralist reality rather than ignoring it, as both nation-state sovereigntists and international law triumphalists tend to do. It addresses both public and private law subjects and the interactions of both formal law and informal norms.
Описание: The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic "Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age".
Автор: Tamanaha Название: Legal Pluralism and Development ISBN: 1107690900 ISBN-13(EAN): 9781107690905 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades. This book brings together contributions from academics and practitioners to explore the implications of legal pluralism for legal development.
Автор: Wojciech Sadurski Название: Moral Pluralism and Legal Neutrality ISBN: 0792305655 ISBN-13(EAN): 9780792305651 Издательство: Springer Рейтинг: Цена: 31305.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.
Автор: Wojciech Sadurski Название: Moral Pluralism and Legal Neutrality ISBN: 9401073600 ISBN-13(EAN): 9789401073608 Издательство: Springer Рейтинг: Цена: 31305.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.
Автор: Tas Название: Legal Pluralism in Action ISBN: 113827982X ISBN-13(EAN): 9781138279827 Издательство: Taylor&Francis Рейтинг: Цена: 5358.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This groundbreaking book contributes to, and refocuses, public debates about the incorporation of plural approaches into the English legal system. The book specifically advances the recent, largely theoretical, discussions of Sharia legal practice by examining a secular method of dispute resolution as practised by the Kurdish Peace Committee in London. Following migration to the West, many Kurds still adhere to traditional values and norms. Building on these, they have adapted their customary legal practices to create unofficial legal courts and other forms of legal hybridisation. These practical solutions to the challenges of a pluralistic life are seen by Kurdish communities in the UK as applicable not only to British and transnational daily life, but also as a training ground for institutions in a possible future Kurdish state. The study provides a substantive evidence base using extensive ethnographic data about the workings of the Kurdish Peace Committee, examining detailed case studies in the context of the customs and practices of the Kurdish community. Based on an ethnographic and interdisciplinary approach, this book will be of interest to policy makers, socio-legal professionals, students and scholars of legal anthropology, ethnic minority law, transnationalism, diaspora, Kurdish, Turkish and Middle Eastern studies.
Автор: Shahar Название: Legal Pluralism in the Holy City ISBN: 1138701629 ISBN-13(EAN): 9781138701625 Издательство: Taylor&Francis Рейтинг: Цена: 8573.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides an unprecedented portrayal of a lively shari'a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population. Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions. The book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.
Название: Religion and Legal Pluralism ISBN: 1138053295 ISBN-13(EAN): 9781138053298 Издательство: Taylor&Francis Рейтинг: Цена: 7195.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.
Описание: This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.
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