Globalization is a topic of some anxiety among international lawyers. On the one hand, its fluid dynamics — fragmentation, deformalization and empire — undermine traditional diplomatic rules and institutions. On the other hand, the effort to reimagine international law in purely managerial terms appears intellectually shallow and politically objectionable. To avoid marginalization and instrumentalization, many lawyers have begun to think about international problems through a constitutional vocabulary and have often cited Kant in that connection. This Article argues that, while it (...) is always possible to grasp the world through a constitutional vocabulary, this does not provide determinate answers to international problems. Instead of an institutional architecture or a set of legal rules, constitutionalism is best seen as a mindset — a tradition and a sensibility about how to act in a political world. Contrary to a widespread assumption, Kant’s political writings may also be read in this fashion and, if so, a meaningful international transformation might necessitate not only legislative or institutional intervention but a professional and perhaps spiritual regeneration. (shrink)

From a legal-philosophical point of view, The Redress of Law presents a critical analysis of a number of related doctrinal fields: constitutional, labour and EU Law. Focusing on the organisation and protection of work, this book asks what it means to protect work as an essential aspect of human flourishing. This is an ambitious and highly sophisticated intervention in contemporary academic and political debates around a set of critically important questions connected to processes of globalisation and market integration. The author (...) redefines the nature of legal and political thought in an age in which market rationality has exceeded its classic domain and has come to pervade the organization of social and political life. This restatement of critical legal theory is intended to defend the concept of constitutionalism and suggest new ways to deploy the law strategically. (shrink)

The law consists of both internal and external rules, but in both cases they regulate the behaviour of the subjects towards each other. This can be viewed from a phenomenological perspective in the sense that people have a drive to make sense of their world, and the rules that are developed essentially enable them to relate to the world in this way. If anything interferes with this drive, then it causes peoples’ existential upset. That is why the state both enforces (...) these rules between its own nationals, but also with regards to the outsiders. However, in doing so, the state must also be mindful of ensuring that it interprets the rules fairly. If it does not do so, then this may negate the purpose of law by causing the existential unrest. Although in the past this may have been done on a national basis, in that it has been necessary to maintain just the national values of a state in order to ensure that people could lead their lives, globalisation has altered the identity of people. They are no longer just national citizens, but also global citizens, and are increasingly relying on global values to fulfil their existential nature. (shrink)

In this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. The effects of decisions, policies and political developments are having an increasingly wide-reaching impact. Nowhere is this more keenly felt than in the sphere of European Union law. This collection of essays contributes to the co-operative search for interpretative and normative grids needed in charting the contemporary legal landscape. Written by leading lawyers and legal philosophers, they examine the effects of law's de-nationalisation by (...) placing European law in the context of transnational law and demonstrate how it forces us to rethink our basic legal concepts and propose an approach to transnational law beyond the dichotomy of national and international law. (shrink)

There has been an exponential rise in use of the term vulnerability across a number of political and policy arenas, including child protection, sexual offences, poverty, development, care for the elderly, patient autonomy, globalisation, war, public health and ecology. Yet despite its increasing deployment, the exact meaning and parameters of this concept remain somewhat elusive. In this article, we explore the interaction of two very different strategies—one in which vulnerability is relied upon by those seeking improved social justice as a (...) mechanism by which to identify, problematise and compel state responses to a universal condition of precarious dependency, and the other in which it is used as a category of neo-liberal governance which legitimates state encroachment whilst constructing ‘vulnerable’ individuals as ‘risk-managers’ who must behave ‘responsibly’ in the face of disadvantage. We suggest that the co-existence of these divergent approaches highlights the fluidity and malleability of the concept of vulnerability. Using sex work as a specific case study, we explore the ways in which vulnerability bears multiple meanings, and has been used in recent times in the furtherance of moralistic and regressive agendas, which collude with, rather than challenge, state power. Without seeking to reject the label or normative import of vulnerability, we call, therefore, for a more circumspect approach to its usage, and a more critical evaluation of recent claims which hail it as a mechanism, preferable to the conventional use of equality paradigms, by which to secure progressive feminist outcomes. (shrink)

Protracted and bitter resistance by alter- and anti-globalisation movements shows that the globalisation of law transpires as the globalisation of inclusion and exclusion. Humanity is inside and outside global law in all its possible manifestations. But how is this possible? How must legal orders be structured, such that, even if we can now speak of law beyond state borders, no emergent global legal order is possible that does not include without excluding? Is an authoritative politics of boundaries possible that neither (...) postulates the possibility of realising an all-inclusive global legal order nor accepts resignation or political paralysis in the face of the globalisation of inclusion and exclusion? These pressing questions guide this book, opening up a vast field of enquiry that demands integrating sociological, doctrinal and philosophical perspectives and insights. (shrink)

Despite the importance of the co-evolution approach in various branches of research, such as strategy, organisation theory, complexity, population ecology, technology and innovation (Lewin et al., 1999; March, 1991), co-evolution has been relatively neglected in international business and ethics research (Madhok and Phene, 2001). The purpose of this article is to show how co-evolution theory provides a theoretical framework within which some issues of ethics research are addressed. Our analysis is in the context of the contrasts between business systems (North, (...) 1990), and in particular the distinction between informal systems and those systems where institutions are formalised in law. This complements the growing research on comparative corporate governance and capitalisms (Chandler and Hikino, 1990; Choi et al., 1999; Whitley, 1994). The synthesis of co-evolution and analysis of divergent institutional environments in ethics research can also complement the globalisation and MNE approaches to international business research. (shrink)

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation (...) and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or 'twilight' of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project 'The Role and Future of National Constitutions in European and Global Governance'. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia. (shrink)

From the time of British colonial settlement, innumerable taonga have been appropriated from the indigenous Māori population of Aotearoa/New Zealand, from cloaks, weapons, carvings and musical instruments to the practices and products of tā moko. This article focuses on the topic of cultural appropriation, homing in on a recent legal case, Whitmill v. Warner Bros., in which an artist sued Warner Bros. in a US court for pirating a ‘ Māori-inspired’ tattoo created for Mike Tyson, so as to tease out (...) the conflicts between intellectual property laws and norms on one hand, and international frameworks for human and cultural rights on the other. It examines the implications of the case for tā moko as an indigenous artistic tradition, and the tension between human/artistic and cultural rights, before discussing potential remedial strategies, drawing on the findings of the Wai 262 report into claims concerning New Zealand law and policy affecting Māori culture and identity. Theoretically, it employs Manuel DeLanda’s assemblage theory as a framework for analysis, the benefit of DeLanda’s work being that it provides a novel approach circumventing the usual ontological terms of intellectual property laws and norms, which tend towards a kind of methodological individualism or micro-reductionism. (shrink)

The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international), and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with (...) specific structures: commercial, environmental, human rights, humanitarian, financial, criminal, and labor law contribute to the formation of postnational law with different modes of functioning, different actors, and different sources of law that should be understood as a new complexity of law. (shrink)

This article analyses feminist discourses on the criminalisation of violence against women in Ecuador, after the enactment of a “post-neoliberal” constitution. It responds to arguments in feminist legal theory, which affirm that penal expansion thrives through neoliberal globalisation, and that certain feminists have sponsored this carceral-neoliberal alliance, over and above redistributive concerns. However, in Ecuador, many feminists who participated in a recent criminalisation process also endorsed the post-neoliberal government’s social redistribution programme. Ecuadorian feminism therefore complicates current discussions on carceral and (...) governance feminism, which link penal expansion with neoliberalism and an absence of redistributive concerns. Ecuadorian left-leaning feminists use rights-based frameworks to reconcile penal interventions with potential abuses of coercive power. This allows them to regard criminal justice as minimally problematic within the redistributive agenda they endorse. At the same time, the penal approach of Ecuadorian feminists runs the danger of marginalising legally pluralistic approaches to justice. (shrink)

In this paper I reconstruct the historical significance of the concept of sovereignty and I defend its relevance against the critique of Hannah Arendt. I argue that sovereignty, understood as the concept that expresses the normative unity of the legal order, is not incompatible with plurality and constitutionalism and that it was the condition for the formation of inter state law. Further I criticize the abstract moralism that characterizes today's cosmopolitanism and the paradigm of global governance. Although the significance of (...) sovereignty is shifting in the context of globalisation, it is not becoming irrelevant because it symbolizes the right of political self-determination of a community as well as the capacity to transfer some portion of its regulatory competence to a supra-national legal order. (shrink)

Abstract. It is commonplace that economic globalization poses new challenges to legal theory. But instead of responding to these challenges, legal scholars often get caught up in heated yet purely abstract discussions of positivist and legal pluralist conceptions of the law. Meanwhile, economics-based theories such as "Law and Social Norms" have much less difficulty in analysing the newly arising forms of private and hybrid "governance without government" from a functional perspective. While legal theory has much to learn from these approaches, (...) we argue that they fail in one crucial point: They cannot uphold the analytical distinction between law and non-law. The reasons for this shortcoming are theory-immanent in that the economic theories' focus on efficiency and their actor-based perspective are necessarily blind to "law's own rationality." We therefore propose to further develop those functional approaches to the study of global governance by complementing them with elements from Niklas Luhmann's systems theory of law. This will provide us with a conceptual framework for analyzing the workings of global governance regimes without ignoring their potential for "legalisation" and "constitutionalisation." As we will show in three concrete examples (Corporate Social Responsibility, lex mercatoria , and internet regulation) we can thus describe the evolution of new forms of legal regulation beyond the nation-state. This will also allow us to draw some preliminary conclusions on the role of law in the context of globalization and, at the same time, show the direction for further empirical research. (shrink)

Emilios Christodoulidis’ The Redress of Law: Globalisation, Constitutionalism and Market Capture is a rare work in its magnitude and ambition. More than on an argument, the book centres on an impas...

Robert Post's work in constitutional theory is engaging in an exceptional way: it always forces one to rethink and reconsider the basic tenets of the field. In his article The Challenge of Globalization to American Public Law Scholarship, Post discusses American public law and human rights scholarship in the age of globalization. In this comment, I will make a few remarks on some of the points raised in the article.

Individualization and globalization are recent trends that bring fundamental transformations of modern society. In this Article, I will first outline what individualization and globalization imply on a general level, and how in particular they affect families. I will then argue that individualization and globalization also imply some major consequences in the field of family law: Today, norms and beliefs in respect of what is right and proper in regard to personal lives multiply and compete with one another, new family models (...) challenging older ones and opening up numerous questions regarding which model should be given priority. The effect is that the issue of rights and obligations turns into an arena of controversies, an issue of contested rights and obligations. (shrink)

The nature and relationships between Law and State -- Law making, its sources and the role of State -- Law, legal systems, and legal families : synchronizing in the Globalized World -- Fundamental legal concepts : the distinctive features of law -- Constitutional law : the Supreme Law of the land -- Criminal law : State's authority in defining and penalizing crimes -- Torts : making people responsible & civilized -- Civil law and proceedings : public and private law -- (...) Law for doing business : the role of state and market -- Justice : the goal of political society -- The Rule of Law : foundation of modern political society -- Human rights and the state : grounds for personal and institutional relationships -- International trade : the centerpiece of growth and international relations -- Law, Globalization and international relations. (shrink)

Globalisation impacts every aspect of modern society and today's law graduates are expected to deal with complex legal problems that require knowledge and training that goes beyond domestic law. This textbook provides an overview of how law is becoming increasingly transnational, facilitating theoretical and practical engagement with transnational legal institutions and phenomena. It advances an analytic framework that will help students to understand what to look for when they encounter transnational legal institutions and practices, and what are the practical and (...) normative implications of their findings. By considering both the theory and practice of transnational law and taking a discursive approach to the material, students are encouraged to arrive at their own conclusions. Adopting interdisciplinary techniques and using case studies from around the world, this book offers a holistic, balanced exploration of a new and emerging discipline. This title is also available as Open Access on Cambridge Core. (shrink)

This edited book brings together articles by leading international scholars from diverse disciplinary perspectives who focus on the legal, social, and cultural dimensions of intellectual properties - including patents, copyrights, trademarks, trade secrets, and rights of publicity. These articles employ a creatively eclectic approach to the study of intellectual property law and policy viewed through the lenses of traditional doctrinal analysis, historical perspectives, critical cultural study, and empirical examinations of intellectual property in action. The volume also directs critical attention to (...) the significance of intellectual property in contemporary processes of globalization and political economy.The editor's introductory essay, What is a 'Law and Society' Perspective on Intellectual Property?, identifies and analyzes the major approaches to interdisciplinary law and society scholarship on intellectual property and identifies each author's contribution to this emerging perspective on what is an increasingly important area of law worldwide. (shrink)

During this age of globalisation, the law is characterised by an ever diminishing hierarchical framework, with an increasing role played by non-state actors. Such features are also pertinent for the international enforceability of human rights. With respect to human rights, TNCs seem to be given broadening obligations, which approach the borderline between ethics and law. The impact of soft law in this context is also relevant. This paper aims to assess whether, and to what extent, this trend could be a (...) proper path to enforce the legal accountability of transnational corporations for human rights. It will be argued that the interplay between law and ethics should be assessed differently depending on which kind of correlative duty is at stake. With regard to negative duties, soft law tools concerning TNCs’ conduct may weaken the impact of hard law. By contrast, when positive duties are concerned, insofar as the horizontal effect of rights cannot be assumed, soft law turns out to be much more useful. (shrink)

Logic is concerned with the design or structure of arguments. It describes the forms of valid argument and is concerned with the public presentation and reception of arguments. Hence it has a close connection with politics and the public sphere, and with rhetoric as the science of persuasion. Philosophers have analysed the objective conditions of validation, that is, the justifiability of assertions about the world. This quest for objective and scientific validity in argumentation about the nature of reality dominated much (...) of the development of logic in the 20th century. Logical arguments are held to be successful as a result of the ‘force of reason’ rather than because one's opponents have been bribed or coerced. Logic involves the study of the abstract, deductive moves in argumentation rather than an empirical study of how actual arguments are conducted. However, there is also a tension between rhetoric and philosophy; Plato drew a clear distinction between knowledge and persuasion. Logic is intended to give security to the former. The historical drift of logic is towards abstraction, especially the use of mathematical forms of representation. The study of logic is an important component of any project on encyclopaedic knowledge, that is, with knowledge that circulates in the public sphere, but the globalization of culture has raised an important problem about the universalistic claims of traditions of logic, namely, are there different forms of logical reasoning? (shrink)

A Theory of Global Law and its Fault Lines This contribution engages the perspectival character of globalization processes as these play out in law and politics. In an interview which brings together a group of Japanese scholars and Hans Lindahl, the participants identify and discuss how Lindahl’s phenomenologically inspired theory of (global) legal ordering might shed light on the similarities and differences which inform Japanese and Western perspectives when theorizing globalization processes.

This article examines the ways in which Islamic civilization has faced the challenges of the modern age and of globalization. The expansion of Islam in world history is itself a global or proto-global process with its own distinctive internal dynamics. The main challenge to modern Islam, coming from the global political culture in the form of constitutionalism and democratization and human rights, has set in motion a civilizational encounter that has significantly altered the politico-religious dynamics of the proto-global, pre-modern Islamic (...) pattern. The intermingling of these inter- and intra-civilizational processes is traced with respect to the subversion of constitutionalism by ideology during the 1945–1989 period, and the slow recovery of the rule of law since 1989. The same framework of civilizational analysis is used for understanding Islamic fundamentalism, and counter-global defensive developments in contemporary Islam. (shrink)

The concept of sovereignty is a recurring and controversial theme in international law, and it has a long history in western philosophy. The traditionally favored concept of sovereignty proves problematic in the context of international law. International law’s own claims to sovereignty, which are premised on traditional concept of sovereignty, undermine individual nations’ claims to sovereignty. These problems are attributable to deep-seated flaws in the traditional concept of sovereignty. A viable alternative concept of sovereignty can be derived from key concepts (...) in Friedrich Nietzsche’s views on human reason and epistemology. The essay begins by considering the problem of sovereignty from the ancient philosophical perspective inherent in the fundamental assumptions and ideas of Plato’s political philosophy and epistemology. It then considers the contemporary problem of sovereignty in the context of international law by examining Louis Henkin’s formulation of and approach to it in his essay That S-Word: Sovereignty, and Globalization, and Human Rights, Etc. Finally, the essay articulates Nietzsche’s views on intellectual conscience, discusses their merits and advantages when used in dealing the problem of sovereignty in the context of international law, and proposes a solution to this problem that draws on the philosophies of Nietzsche, Novalis, Kant and Plato. The essay illustrates the relevance and advantages of this solution by examining the issue of states’ reservations to international treaties and conventions. (shrink)

There are those who believe that modern society's reliance upon law, politics and science to both regulate and emancipate society has reached a crisis point and can no longer provide answers to current social problems. Toward a New Legal Common Sense engages in a series of sociological analyses of law in order to illustrate the need for a profound theoretical reconstruction of the notion of legality based on locality, nationality and globality. In this way the author shows how developments including (...) suprastate organisations such as the European Union and international human rights law can be given their proper place in the sociology of law, and suggests a new set of social structures that might sustain the emancipatory elements that have disappeared from modern society. This 2002 edition, of a title originally published by Routledge, is part of the acclaimed Law in Context Series, whose aim is to develop broad interdisciplinary perspectives on law. Toward a New Legal Common Sense is written for students taking law and globalisation courses, and political science, philosophy and sociology students doing optional subjects. (shrink)

This book aims to contribute to our understanding of one of the most pressing issues of modern international law: the relationship between the international legal order on the one hand and the domestic legal orders of over 190 sovereign states on the other handThe traditional and dominant understanding of this relationship is that there exists a strict separation between the international legal order and domestic legal orders. Processes of legal globalisation and internationalisation have made this relationship much more complex. Legal (...) authority has shifted away from the state in both vertical and horizontal directions. Forced by the pressures of interdependence, states have allowed international bodies to oversee and sometimes even implement and enforce domestic legislation. At the same time, private persons are more and more drawn into an internationalized order. Increasing cross-border flows of services, goods and capital, mobility, and communication have further undermined any stable notion of what is national and what is international.This book offers several partly complementary and partly competing perspectives that allow us understand and make sense of the complex interaction between the international and domestic sphere. (shrink)

The processes of economic integration induced by globalization have brought about a certain type of legal practice that challenges the core values of legal ethics. Law firms seeking to represent the interests of internationally active corporate clients must embrace and systematically apply concepts of strategic management and planning and install corporate business structures to sustain competition for lucrative clients. These measures bear a high conflict potential with the core values of legal ethics. However, we observe in parallel a global consolidation (...) of these core values through an enhanced cooperation of national professional bodies, the use of international codes, and comparative legal ethics teaching and research. Furthermore, state regulation of the legal profession is concerned with preserving the core values of legal ethics to conserve the lawyer's role in upholding the rule of law. This article defends that legal ethics is adapting to the pressures exerted by "managerial" approaches to legal practice without this altering core values that underlie legal ethics. (shrink)

This fourth edition of Law in Context not only updates the text by reference to the latest thinking and developments in the broad area of 'law in context', but also introduces readers to the wider social, political and regulatory contexts of law.Bottomley and Bronitt, as in previous editions, expose readers to the multitude of contexts (some explicit, others implicit) that affect how law is made, broken and enforced by the state or individual citizens. The fundamental ideals of law - such (...) as the Rule of Law - rest on cherished liberal values, though the authors constantly encourage readers not to accept uncritically the rhetoric of law, but to test these assumptions through empirical eyes.This contextual and critical approach to law, laid out in Chapter 1 and 2, is further developed through specific studies of Gender and Race. Complementing these substantive critiques of law, later chapters examine some of the institutional limitation of law and justice through chapters on access to justice, the law-making process, and regulation. The final chapter, which serves as an epilogue, looks to the broader challenges for law in an age of globalisation through case studies on terrorism and global business regulation. (shrink)

Economic change, globalisation and harmonisation of European Law have brought new challenges to contract law. The contributions in this Volume by prominent legal scholars deal with current trends and perspectives in European and International Contract Law and their impact on the various domestic legal systems. The Compendium provides an analysis of new developments in formation of contract, performance and remedies, consumer contract law and the particularly controversial area of anti-discrimination law. Experts in their field examine the underlying legal principles and (...) problems arising in legal practice in Common Law and Civil Law. The essays written in English, German and French are the product of a series of lectures held in 2006 at the Centre for European Private Law at the University of Münster, Germany. The contributing authors are: John Adams, Hugh Beale, Giuditta Cordero-Moss, Barbara Dauner-Lieb, Michele Graziadei, Thomas Gutmann, Geraint Howells, Simon James, Paul Lagarde, Matthias Lehmann, Peter Møgelvang-Hansen, Salvatore Patti, Thomas Pfeiffer, John C. Reitz, Judith Rochfeld, Martin Schmidt-Kessel, Jürgen Schmidt-Räntsch, Alessandro Somma, Stefano Troiano, Christian Twigg-Flesner, Antoni Vaquer Aloy and Fryderyk Zoll. (shrink)

Although women comprise almost 50 per cent of the practising legal profession in Australia and elsewhere, numerosity is insufficient to overcome the 'otherness' of the feminine in corporate law firms. Despite measures to recognise the ethic of a balanced life for those with caring responsibilities, these initiatives are undermined by the contemporary imperative in favour of competition. This article argues that there is a hypermasculinist sub-text invoked by the media reporting of a flurry of mergers between super-élite London-based global law (...) firms and Australian firms with an eye to expansion in the Asia-Pacific. It is suggested that the incommensurability of the discourses of flexible work and hypercompetition symbolically revives and sustains the masculinity of super-élite law firms as the gender tipping point draws nigh. To illustrate the thesis, the representation of the two discourses in the print media between 2011 and 2012 are considered, drawing primarily on The Times and The Australian. (shrink)

In this late modern era within which the basic values of life have been reordered (driven by globalisation, the corporate agenda and mass communication technologies), the individual has effectively been reduced to a mere abstraction. It might be argued that the rational, moral and humanistic concept of freedom has, to a great extent, been compromised by a consequent crisis within the intelligentsia. These groups, in particular the gatekeepers of a classical liberal approach to legal scholarship, are caught between the twin (...) evils of increased unreflective populism and pragmatism evident within many law schools and modern legal institutions. Although a contested term, defenders of the ‘socio-legal’ tradition, who place the humanities at the heart of legal research and education, are obliged to restate with increased determination the utility of the liberal arts and literature to the law profession and wider legal community. In a normative environment, law and narrative are inextricably linked and narrative poetry is not only invaluable to explaining the origins and location of the legal tradition, but also elicits a mode of understanding which transcends the boundaries of narrowlydefined legal hermeneutics—which often only addresses issues of an operational nature. French novelist Flaubert claimed “chaque notaire porte en soi les débris d’un poète” (Flaubert in Madame bovary (trans: Wall, G.), Penguin Classics, London, 1960: 269), paraphrased by American civil rights lawyer, Clarence Darrow, as “inside every lawyer is the wreck of a poet” (Lukas in Big trouble: a murder in a small western town sets off a struggle for the soul of America, Simon & Schuster, New York, 1997: 323). In an age of disenchantment, this paper explores the poetic form as an important medium within which to understand the nature and function of law in a society of differentiated individuals. (shrink)

The proliferation of forms of transnational regulation, often unclear in their relation to the law of nation states but also, in some cases, claiming authority as “law,” suggests that the concept of law should be reconsidered in the light of processes associated with globalisation. This article identifies matters to be taken into account in any such reconsideration: in particular, ideas of legal pluralism, of degrees of legalisation, and of relative legal authority. Regulatory authority should be seen as ultimately based in (...) the diverse moral conditions of the networks of community which regulation serves. (shrink)

This special issue explores an interdisciplinary topic that lies at the heart of Studies in Ethics, Law, and Technology. The life science industry is increasingly recognised as a key sector in the growth and development of many economies. As it gains momentum, policymakers are confronted with the need to facilitate growth whilst dealing with important ethical and regulatory challenges arising from new technosciences addressing human health and the environment. Such activities present special opportunities and threats to emerging economies such as (...) those in Central and Eastern Europe . Countries transitioning from state-run to free market economies are confronted with the need to engage with new actors within the innovation system, such as transnational corporations and public-private partnerships while finding a place within processes of scientific and academic globalisation. At the same time science throws up new social and ethical dilemmas connected with issues such as genetic databases, drug trials and GM crops. The special issue emerged from a workshop held in Prague in October 2007 that attempted to map a number of these dynamics within the region, and explore cases from outside of it that might inform life sciences development. (shrink)

Globalization can undermine as well as enable public discourse at the national, international, and supranational levels. A challenge for political theory is to imagine how a global public realm might be constituted. Because the public realm has flourished in states whose citizens are related under the rule of law, one might ask whether this model of civil association can be extended to a broader and potentially universal context. Given the contingent obstacles to a global state, realizing civil association globally implies (...) a universal confederation of rule‐of‐law states. If the public realm means free deliberation on the laws of a civil association, the ‘global public realm’ would include deliberation at all three levels. (shrink)

"This edited collection is the result of a workshop organised in March 2014 at the University of Birmingham's Institute for Advanced Studies, entitled: Hybridity: Exploring Power, Social Structures, and Institutions Beyond the Liberal West.--ECIP introduction.

Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of (...) sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory. (shrink)