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Normative Pluralism and International Law

2013-04-22 Law
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Release : 2013-04-22
Genre : Law
Kind : eBook
Book Rating : 168/5 ( reviews)

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Book Synopsis Normative Pluralism and International Law by : Jan Klabbers

Download or read book Normative Pluralism and International Law written by Jan Klabbers. This book was released on 2013-04-22. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, 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.

Normative Plurality in International Law

2016-09-02 Law
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Release : 2016-09-02
Genre : Law
Kind : eBook
Book Rating : 294/5 ( reviews)

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Book Synopsis Normative Plurality in International Law by : Carlos Iván Fuentes

Download or read book Normative Plurality in International Law written by Carlos Iván Fuentes. This book was released on 2016-09-02. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.

Normative Pluralism and International Law

2013 International law
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Release : 2013
Genre : International law
Kind : eBook
Book Rating : 787/5 ( reviews)

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Book Synopsis Normative Pluralism and International Law by : Jan Klabbers

Download or read book Normative Pluralism and International Law written by Jan Klabbers. This book was released on 2013. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses conflicts involving how law relates to normative orders.

The Oxford Handbook of Transnational Law

2021 Law
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Release : 2021
Genre : Law
Kind : eBook
Book Rating : 419/5 ( reviews)

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Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen

Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen. This book was released on 2021. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Global Legal Pluralism

2012-02-27 Law
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Release : 2012-02-27
Genre : Law
Kind : eBook
Book Rating : 912/5 ( reviews)

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Book Synopsis Global Legal Pluralism by : Paul Schiff Berman

Download or read book Global Legal Pluralism written by Paul Schiff Berman. This book was released on 2012-02-27. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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