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Beyond Law in Context

2017-09-08 Law
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Release : 2017-09-08
Genre : Law
Kind : eBook
Book Rating : 608/5 ( reviews)

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Book Synopsis Beyond Law in Context by : David Nelken

Download or read book Beyond Law in Context written by David Nelken. This book was released on 2017-09-08. Available in PDF, EPUB and Kindle. Book excerpt: This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessary) limits? Can law be seen as anything other than in some way both separate from and relating to 'the social'? The distinctiveness of this approach lies in its effort to keep in tension two claims. Firstly, that social theorising about legal practices is vitally important for understanding the connections between legal and social structures and revealing what law means and does for (and to) various social actors. The second point is that it does not follow that what we learn in this way can be assumed to be necessarily relevant to (re)shaping legal practices without further argument that pays heed to law's specificity.

Beyond Law and Development

2022-04-27 Law
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Release : 2022-04-27
Genre : Law
Kind : eBook
Book Rating : 482/5 ( reviews)

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Book Synopsis Beyond Law and Development by : Sam Adelman

Download or read book Beyond Law and Development written by Sam Adelman. This book was released on 2022-04-27. Available in PDF, EPUB and Kindle. Book excerpt: The book highlights new imaginaries required to transcend traditional approaches to law and development. The authors focus on injustices and harms to people and the environment, and confront global injustices involving impoverishment, patriarchy, forced migration, global pandemics and intellectual rights in traditional medicine resulting from maldevelopment, bad governance and aftermaths of colonialism. New imaginaries emphasise deconstruction of fashionable myths of law, development, human rights, governance and post-coloniality to focus on communal and feminist relationality, non-western legal systems, personal responsibility for justice and forms of resistance to injustices. The book will be of interest to students and scholars of development, law and development, feminism, international law, environmental law, governance, politics, international relations, social justice and activism.

Global Order Beyond Law

2014-12-01 Law
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Release : 2014-12-01
Genre : Law
Kind : eBook
Book Rating : 912/5 ( reviews)

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Book Synopsis Global Order Beyond Law by : Thomas Dietz

Download or read book Global Order Beyond Law written by Thomas Dietz. This book was released on 2014-12-01. Available in PDF, EPUB and Kindle. Book excerpt: Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.

Copyright Beyond Law

2016-11-17 Law
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Release : 2016-11-17
Genre : Law
Kind : eBook
Book Rating : 015/5 ( reviews)

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Book Synopsis Copyright Beyond Law by : Marta Iljadica

Download or read book Copyright Beyond Law written by Marta Iljadica. This book was released on 2016-11-17. Available in PDF, EPUB and Kindle. Book excerpt: The form of graffiti writing on trains and walls is not accidental. Nor is its absence on cars and houses. Employing a particular style of letters, choosing which walls and trains to write on, copying another writer, altering or destroying another writer's work: these acts are regulated within the graffiti subculture. Copyright Beyond Law presents findings from empirical research undertaken into the graffiti subculture to show that graffiti writers informally regulate their creativity through a system of norms that are remarkably similar to copyright. The 'graffiti rules' and their copyright law parallels include: the requirement of writing letters (subject matter) and appropriate placement (public policy and morality exceptions for copyright subsistence and the enforcement of copyright), originality and the prohibition of copying (originality and infringement by reproduction), and the prohibition of damage to another writer's works (the moral right of integrity). The intersection between the 'graffiti rules' and copyright law sheds light on the creation of subculture-specific commons and the limits of copyright law in incentivising and regulating the production and location of creativity.

Venturing Beyond - Law and Morality in Kabbalistic Mysticism

2006-05-25 Religion
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Release : 2006-05-25
Genre : Religion
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Book Rating : 15X/5 ( reviews)

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Book Synopsis Venturing Beyond - Law and Morality in Kabbalistic Mysticism by : Elliot R. Wolfson

Download or read book Venturing Beyond - Law and Morality in Kabbalistic Mysticism written by Elliot R. Wolfson. This book was released on 2006-05-25. Available in PDF, EPUB and Kindle. Book excerpt: Are mysticism and morality compatible or at odds with one another? If mystical experience embraces a form of non-dual consciousness, then in such a state of mind, the regulative dichotomy so basic to ethical discretion would seemingly be transcended and the very foundation for ethical decisions undermined. Venturing Beyond - Law and Morality in Kabbalistic Mysticism is an investigation of the relationship of the mystical and moral as it is expressed in the particular tradition of Jewish mysticism known as the Kabbalah. The particular themes discussed include the denigration of the non-Jew as the ontic other in kabbalistic anthropology and the eschatological crossing of that boundary anticipated in the instituition of religious conversion; the overcoming of the distinction between good and evil in the mystical experience of the underlying unity of all things; divine suffering and the ideal of spiritual poverty as the foundation for transmoral ethics and hypernomian lawfulness.

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