a sociology of transnational constitutions social foundations of the post national legal structure cambridge studies in law and society

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A Sociology Of Transnational Constitutions

Author : Chris Thornhill
ISBN : 9781316715147
Genre : Law
File Size : 65. 84 MB
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This volume focuses on the rise of transnational constitutional laws, primarily created by the interaction between national and international courts and by the domestic transformation of international law. Through detailed analysis of patterns of institutional formation at key historical junctures in a number of national societies, it examines the social processes that have locked national states into an increasingly transnational constitutional order, and it explains how the growth of global constitutional norms has provided a stabilizing framework for the functions of state institutions. The book adopts a distinctive historical-sociological approach to these questions, examining the deep continuities between national constitutional law and contemporary models of global law. The volume makes an important contribution to the sociology of constitutional law, to the sociology of post-national legal processes, and to the sociology of human rights law. This title is also available as Open Access.

Sociological Constitutionalism

Author : Paul Blokker
ISBN : 9781108509244
Genre : Law
File Size : 27. 33 MB
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This landmark book provides the first systematic overview of the key scholarly contributions in an emerging field of research on constitutionalism: the sociology of constitutions. It presents chapters offering very different normative and methodological approaches to constitutions, ranging from analysis of national constitutional law, to research on transnational legal forms, to discussions of the constitutional impact of international human rights law. The book makes an important contribution to a series of wider debates - spanning constitutional law, legal theory, comparative constitutionalism, sociology, and political science - about the changing nature of constitutionalism. Researchers and students in constitutional law will gain a comprehensive appreciation of a diverse range of distinctively sociological approaches to constitutional law and an in-depth understanding of distinctive sociological dimensions of constitutions. The book offers new insights into the sources of constitutional normativity in society and it proposes different sociological methods for addressing them.

Corporatism And Fascism

Author : Antonio Costa Pinto
ISBN : 9781315388892
Genre : History
File Size : 30. 59 MB
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This book is the first conceptual and comparative empirical work on the relation between corporatism and dictatorships, bringing both fields under a joint conceptual umbrella. It operationalizes the concepts of social and political corporatism, diffusion and critical junctures and their particular application to the study of Fascist-Era dictatorships. The book’s carefully constructed balance between theory and case studies offers an important contribution to the study of dictatorships and corporatism. Through the development of specific indicators in ‘critical junctures’ of regime change and institutionalization, as well as qualitative data based on different sources such as party manifestos, constitutions and constitutional reforms, expert commissions and the legislation that introduces corporatism, this book traces transnational sources of inspiration in different national contexts. By bringing together a number of both established and new voices from across the field, this book will be of interest to students and scholars of fascism, dictatorship and modern European politics.

A Sociology Of Constitutions

Author : Chris Thornhill
ISBN : 9781139495806
Genre : Law
File Size : 71. 57 MB
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Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.

Modern Legal Drafting

Author : Peter Butt
ISBN : 9781107292680
Genre : Law
File Size : 70. 45 MB
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Modern Legal Drafting provides a comprehensive, authoritative guide to drafting legal documents in effective, plain English. Peter Butt, a leading expert in the field, has fully revised and updated the text for this new edition. It combines a practical focus with the legal principles that underpin the use of plain language in law. This dual practical and academic approach distinguishes it from other books in the field. It includes expanded material on the techniques for achieving a style that is both clear and legally sound. It also includes new material on the challenges and merits of drafting in plain language, and provides many before-and-after examples to help both practising lawyers and students develop their skills. It takes an international approach, drawing upon case law and statutes from England, Australia, New Zealand, the United States, Canada, Ireland, India, Malaysia, Singapore and Hong Kong.

China And Islam

Author : Matthew S. Erie
ISBN : 9781316577998
Genre : Law
File Size : 45. 14 MB
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China and Islam examines the intersection of two critical issues of the contemporary world: Islamic revival and an assertive China, questioning the assumption that Islamic law is incompatible with state law. It finds that both Hui and the Party-State invoke, interpret, and make arguments based on Islamic law, a minjian (unofficial) law in China, to pursue their respective visions of 'the good'. Based on fieldwork in Linxia, 'China's Little Mecca', this study follows Hui clerics, youthful translators on the 'New Silk Road', female educators who reform traditional madrasas, and Party cadres as they reconcile Islamic and socialist laws in the course of the everyday. The first study of Islamic law in China and one of the first ethnographic accounts of law in postsocialist China, China and Islam unsettles unidimensional perceptions of extremist Islam and authoritarian China through Hui minjian practices of law.

Law And Globalization From Below

Author : Boaventura de Sousa Santos
ISBN : 0521607353
Genre : Law
File Size : 38. 31 MB
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An unprecedented attempt to analyze the role of the law in the global movement for social justice.

Transnational Legal Orders

Author : Terence C. Halliday
ISBN : 9781107069923
Genre : Law
File Size : 60. 55 MB
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"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

Sociology Of Constitutions

Author : Alberto Febbrajo
ISBN : 9781317052920
Genre : Law
File Size : 66. 4 MB
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This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.

Global Lawmakers

Author : Susan Block-Lieb
ISBN : 9781107187580
Genre : Law
File Size : 74. 78 MB
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Global lawmaking by international organizations holds the potential for enormous influence over world trade and national economies. Representatives from states, industries, and professions produce laws for worldwide adoption in an effort to alter state lawmaking and commercial behaviors, whether of giant multi-national corporations or micro, small and medium-sized businesses. Who makes that law and who benefits affects all states and all market players. Global Lawmakers offers the first extensive empirical study of commercial lawmaking within the United Nations. It shows who makes law for the world, how they make it, and who comes out ahead. Using extensive and unique data, the book investigates three episodes of lawmaking between the late 1990s and 2012. Through its original socio-legal orientation, it reveals dynamics of competition, cooperation and competitive cooperation within and between international organizations, including the UN, World Bank, IMF and UNIDROIT, as these IOs craft international laws. Global Lawmakers proposes an original theory of international organizations that seek to construct transnational legal orders within social ecologies of lawmaking. The book concludes with an appraisal of creative global governance by the UN in international commerce over the past fifty years and examines prospective challenges for the twenty-first century.

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