Law after Modernity

Law after Modernity

In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved.

Author: Sionaidh Douglas-Scott

Publisher: A&C Black

ISBN: 9781782251200

Category: Law

Page: 428

View: 850

How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.
Categories: Law

Africa After Modernity

Africa After Modernity

Τοι uschat , Christian ( ed ) 1993. Modern Law of Self - Determination . Dordrecht
: Martin Nijhoff . Turpel , ME , 1992. ' Indigenous peoples ' rights of political
participation and self - determination : recent intemational legal developments
and ...

Author: R. J. Haines

Publisher:

ISBN: STANFORD:36105073460854

Category: Africa

Page: 172

View: 284

Categories: Africa

Law After Auschwitz

Law After Auschwitz

The Holocaust , the Shoah , Auschwitz , these are all , beyond the horrific factual
reality , legal metaphors , lawful descriptors of what we can call modernity . And
Auschwitz is nothing if not modern and , therefore , law - ful . Like everything else
 ...

Author: David Fraser

Publisher:

ISBN: UOM:39015060883439

Category: Law

Page: 451

View: 740

The idea of Nazi law is, for many lawyers, an oxymoron. Today, law under the National Socialist regime continues to be portrayed and understood as the ultimate perversion of legality and the Holocaust as the inevitable result of the collapse of the rule of law. This book offers important insights into the ways in which our understanding of the Holocaust and of the law have been built upon mutually reinforcing but erroneous constructions of the two. Fraser argues that the Holocaust is best understood, or at least studied, not as a point of lawless, criminal disjuncture with law, but as offering remarkable points of commonality and continuity with the law, with legality as understood at the time, and with law as we understand and practice it today.Law After Auschwitz studies law and lawyers under Nazi rule, the jurisprudence of Nazi law, and the reception of Nazi law by contemporary legal scholarship. It offers detailed analyses of the ways in which the Holocaust has been constructed in post-war trials. This book raises fundamental questions about legality and ethics in the 21st century. If the Holocaust took place in a “legal” framework, and if the legal system today operates in part in a continuous fashion with Nazi legality, then law must be understood as still operating in the shadow of Auschwitz. Throughout the book, the consequences of a legal system which operates in a state of willful amnesia about its own implication in the Shoah, is the central focus.
Categories: Law

Theology Music and Modernity

Theology  Music  and Modernity

The answer is that what keeps creatures of sense and of need following the
moral law is the feeling of respect ( in German , Achtung ) . ' This feeling is part of
experience , under the forms of space and time . Our freedom , on the other hand
, is ...

Author: Jeremy Begbie

Publisher: Oxford University Press, USA

ISBN: 9780198846550

Category: History

Page: 400

View: 378

Theology, Music, and Modernity addresses the question: how can the study of music contribute to a theological reading of modernity? It has grown out of the conviction that music has often been ignored in narrations of modernity's theological struggles. Featuring contributions from an international team of distinguished theologians, musicologists, and music theorists, the volume shows how music--and discourse about music--has remarkable powers to bring to light the theological currents that have shaped modern culture. It focuses on the concept of freedom, concentrating on the years 1740-1850, a period when freedom--especially religious and political freedom-became a burning matter of concern in virtually every stratum of Western society. The collection is divided into four sections, each section focusing on a key phenomenon of this period--the rise of the concept of 'revolutionary' freedom; the move of music from church to concert hall; the cry for eschatological justice in the work of black hymn-writer and church leader Richard Allen; and the often fierce tensions between music and language. There is a particular concern to draw on a distinctively 'Scriptural imagination' (especially the theme of New Creation) in order to elicit the key issues at stake, and to suggest constructive ways forward for a contemporary Christian theological engagement with the legacies of modernity today.
Categories: History

The Natural Moral Law

The Natural Moral Law

This book studies beliefs about the good and how it is known, and how such beliefs shape claims about the moral law.

Author: Owen Anderson

Publisher: Cambridge University Press

ISBN: 9781107008427

Category: Law

Page: 305

View: 822

This book studies beliefs about the good and how it is known, and how such beliefs shape claims about the moral law.
Categories: Law

Accountability in the Economic and Monetary Union

Accountability in the Economic and Monetary Union

And here, what does indeed seem to be the case is that the heavy, cumbersome
operation of the law too often obscures. 183 Paul Craig, 'The ... 187 Sionaidh
Douglas-Scott, Law After Modernity (Hart Publishing 2013) 319. 188 ibid., 322.

Author: Menelaos Markakis

Publisher: Oxford University Press, USA

ISBN: 9780198845263

Category: Law

Page: 512

View: 800

Following the financial and public debt crisis, the EU's Economic and Monetary Union (EMU) has been under intense political scrutiny. The measures adopted in response to the crisis have granted additional powers to the EU (and national) authorities, the exercise of which can have massive implications for the economies of the Member States, financial institutions and, of course, citizens. The following questions arise: how can we hold accountable those institutions that are exercising power at the national and EU level? What is the appropriate level, type and degree of accountability and transparency that should be involved in the development of the EU's governance structures in the areas of fiscal and economic governance and the Banking Union? What is the role of parliaments and courts in holding those institutions accountable for the exercise of their duties? Is the revised EMU framework democratically legitimate? How can we bridge the gap between the citizens - and the institutions that represent them - and those institutions that are making these important decisions in the field of economic and monetary policy? This book principally examines the mechanisms for political and legal accountability in the EMU and the Banking Union. It examines the implications that the reforms of EU economic governance have had for the locus and strength of executive power in the Union, as well as the role of parliaments (and other political fora) and courts in holding the institutions acting in this area accountable for the exercise of their tasks. It further sets out several proposals regarding transparency, accountability, and legitimacy in the EMU.
Categories: Law

The Global South and Comparative Constitutional Law

The Global South and Comparative Constitutional Law

Enrique Dussel, 'Eurocentrism and Modernity' (1993) 2 Boundary 65; Susan
Marks, 'The End of History? ... Twenty Years after Critical Comparisons' (2005) 6
German Law Journal 1074; Simon Glanert and Pierre Legrand, 'Law,
Comparatism, ...

Author: Philipp Dann

Publisher: Oxford University Press, USA

ISBN: 9780198850403

Category: Law

Page: 320

View: 186

Although the Global South represents 'most of the world' in terms of constitutions and population, it is underrepresented in comparative constitutional discourse. This book fills the gap in this scholarship by tackling the most important aspects of comparative law from the Southern perspective.
Categories: Law

The Natural Moral Law The postmodern challenge from modernity to postmodernity 2 Traditional natural law differences in Aristotle and Aquinas 3 Patterns in historical thinking about the good 4 The challenge of modernity religious wars and the need for universal law 5 The challenges of naturalism legal realism or natural law 6 Objectivity without a metaphysical foundation 7 Contemporary natural law practical rationality and legal opinions 8 Natural law as a theory with metaphysical baggage postmodern law 9 Natural law as the moral law 10 Natural moral law in a postmodern world

The Natural Moral Law  The postmodern challenge  from modernity to postmodernity  2  Traditional natural law  differences in Aristotle and Aquinas  3  Patterns in historical thinking about the good  4  The challenge of modernity  religious wars and the need for universal law  5  The challenges of naturalism  legal realism or natural law  6  Objectivity without a metaphysical foundation  7  Contemporary natural law  practical rationality and legal opinions  8  Natural law as a theory with metaphysical baggage  postmodern law  9  Natural law as the moral law  10  Natural moral law in a postmodern world

The book concludes with a consideration of how a moral law might look if the good is correctly identified.

Author: Owen Anderson

Publisher:

ISBN: 1139379860

Category: Electronic books

Page: 320

View: 891

The Natural Moral Law argues that the good can be known and that therefore the moral law, which serves as a basis for human choice, can be understood. Proceeding historically through ancient, modern and postmodern thinkers, Owen Anderson studies beliefs about the good and how it is known, and how such beliefs shape claims about the moral law. The focal challenge is whether the skepticism of postmodern thinkers can be answered in a way that preserves knowledge claims about the good. Considering the failures of modern thinkers to correctly articulate reason and the good and how postmodern thinkers are responding to these failures, Anderson argues that there are identifiable patterns of thinking about what is good, some of which lead to false dichotomies. The book concludes with a consideration of how a moral law might look if the good is correctly identified.
Categories: Electronic books

Islam and the Challenges of Modernity

Islam and the Challenges of Modernity

The work and achievements of this company is a very powerful chapter in the
economic history of modern Iran . The influx of the large ... 45 Muslim Law and
Modernity after World War II The end 228 Islam and the Challenges of Modernity .
. .

Author: Dr. Shaukat Ali

Publisher:

ISBN: UOM:39015064123006

Category: Islam

Page: 467

View: 336

Categories: Islam

Traditions and Modernity in Matrilineal Tribal Society

Traditions and Modernity in Matrilineal Tribal Society

17 According to the Garo customary law , the husband nokma can be removed
from the nokmaship if he fails to discharge his duties towards the aʼking , the
family and the clan . In this case it was alleged that the nokma did not look after
the ...

Author: Kumie R. Marak

Publisher:

ISBN: UOM:39015041320519

Category: Customary law

Page: 200

View: 301

Ethnological study of Garo people of Meghalaya, with special reference to their matrilineal kinship, judicial power, and customary law.
Categories: Customary law

Law and Politics at the Perimeter

Law and Politics at the Perimeter

... Schiff Costs and Cautionary Tales : Economic Insights for the Law – Anthony
Ogus Legal Norms and Normativity – Sylvie Delacroix Consent in the Law by
Deryck Beyleveld and Roger Brownsword Forthcoming titles : Law after
Modernity by ...

Author: Vanessa E Munro

Publisher: Hart Publishing

ISBN: UOM:39015064978557

Category: Law

Page: 173

View: 912

This book offers a critical re-appraisal of contemporary feminist legal and political theory.
Categories: Law

Formations of Colonial Modernity in East Asia

Formations of Colonial Modernity in East Asia

Nevertheless , after liberation , law and order continued on the Japanese colonial
model much more than the North Korean regime has ever acknowledged — with
, of course , a different content and different personnel . LAW AND ( DIS ) ...

Author: Tani E. Barlow

Publisher: Positions Book

ISBN: UOM:39015058015861

Category: History

Page: 453

View: 263

The essays in Formations of Colonial Modernity in East Asia challenge the idea that notions of modernity and colonialism are mere imports from the West, and show how colonial modernity has evolved from and into unique forms throughout Asia. Although the modernity of non-European colonies is as indisputable as the colonial core of European modernity, until recently East Asian scholarship has tried to view Asian colonialism through the paradigm of colonial India (for instance), failing to recognize anti-imperialist nationalist impulses within differing Asian countries and regions. Demonstrating an impatience with social science models of knowledge, the contributors show that binary categories focused on during the Cold War are no longer central to the project of history writing. By bringing together articles previously published in the journal positions: east asia cultures critique, editor Tani Barlow has demonstrated how scholars construct identity and history, providing cultural critics with new ways to think about these concepts--in the context of Asia and beyond. Chapters address topics such as the making of imperial subjects in Okinawa, politics and the body social in colonial Hong Kong, and the discourse of decolonization and popular memory in South Korea. This is an invaluable collection for students and scholars of Asian studies, postcolonial studies, and anthropology. Contributors. Charles K. Armstrong, Tani E. Barlow, Fred Y. L. Chiu, Chungmoo Choi, Alan S. Christy, Craig Clunas, James A. Fujii, James L. Hevia, Charles Shiro Inouye, Lydia H. Liu, Miriam Silverberg, Tomiyama Ichiro, Wang Hui
Categories: History

Reform and Modernity in the Taehan Empire

Reform and Modernity in the Taehan Empire

2003 . “ Kabo kaehyök ihu kŭndaejók pămnyong chejõng kwajõng ” ( The
establishment of modern law after the Kabo reforms ) . In Han ' guk kữndae
sahoe wa munhwa 1 ( Korean modern society and culture 1 ) , ed . Yi Pyong -
gún et . al .

Author: Tong-no Kim

Publisher: 지문당

ISBN: UOM:39015070847671

Category: Korea

Page: 341

View: 280

Categories: Korea

Modernism and the Grounds of Law

Modernism and the Grounds of Law

This book argues that law is both derived from and constitutive of surrounding cultural contexts.

Author: Peter Fitzpatrick

Publisher: Cambridge University Press

ISBN: 0521002532

Category: Law

Page: 261

View: 755

This book argues that law is both derived from and constitutive of surrounding cultural contexts.
Categories: Law

Disrupting Colonial Modernity

Disrupting Colonial Modernity

There were many reasons Indian law was considered primitive in relation to
England's more modern legal system . ... Indian legislation ( after 1833 ) , East
India Company Regulations , English common law , Hindu law , Muslim law , and
many ...

Author: Anupama Taranath

Publisher:

ISBN: UCSD:31822028304335

Category: Courtesans

Page: 726

View: 871

Categories: Courtesans

Max Weber s Tragic Modernism and the Study of Law in Society

Max Weber s Tragic Modernism and the Study of Law in Society

But when he seeks to reconstruct Weber ' s ideas of the methodological
foundations of the sociology of law , Kronman is ... Weber then reached the
conclusion that the very science he had sought to defend had very little value
after all .

Author: David M. Trubek

Publisher:

ISBN: STANFORD:36105063754951

Category: Sociological jurisprudence

Page: 598

View: 588

"A review essay of Dronman, Anthony T. (1983) Max Weber ... and Alexander, Jeffrey C. (1983) Theoretical Logic in Sociology, Volume III. The Classical Attempt at Theoretical Synthesis, Max Weber."--Page [573].
Categories: Sociological jurisprudence

Antiquity to Modernity in Tribal India

Antiquity to Modernity in Tribal India

This law also gave the tribals rights to transfer their land till it was curbed by
amending the law , after the Tharu and Buksa were declared as Scheduled
Tribes . The land - grabbing by the Rai Sikhs and other such groups were carried
out by ...

Author:

Publisher:

ISBN: 8121003857

Category:

Page:

View: 469

Categories:

Modernity and Tradition

Modernity and Tradition

4 SCHOOLS OF ISLAMIC LAW Underlying the judicial structure are the four
schools of thought in Islamic law . ... After 1927 all the courts of Saudi Arabia
were instructed to use six Hanbali books for their legal decisions in an effort to
establish ...

Author: Fouad Farsy

Publisher: Panarc International Limited

ISBN: STANFORD:36105120927947

Category: Saudi Arabia

Page: 316

View: 783

Categories: Saudi Arabia

Romania s Tortured Road Toward Modernity

Romania s Tortured Road Toward Modernity

The Group for Social Dialogue and Civic Alliance had serious doubts that the
FSN had the capability or the interest in creating a state based on the rule of law ,
especially after the way in which the FSN had used extra - legal force to suppress
 ...

Author: Thomas J. Keil

Publisher:

ISBN: UOM:39015069117938

Category: History

Page: 568

View: 265

This book addresses the form and nature of the transition Romania has undergone since the fall of the Ceausescu regime in 1989. The reconstruction of Romania has taken place not only within the context of the legacy of state socialism, but within an even greater context of general historical, political social and economic legacies. Some of the problems Romania has encountered during this progression are its system of social stratification, economic development and the struggle to create a solid national identity.
Categories: History