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Globalisation and Legal Theory

Autor William Twining
en Limba Engleză Paperback – 27 noi 2001
Even local newspapers report on famines, global warming, human rights, the Internet, volatile financial markets, and world sports. Globalisation is news. What does it mean? What are the implications for understanding law? Can one look at law intelligently from a global perspective? This book addresses such issues by asking how traditional Anglo-American legal theory can respond to the challenges of globalisation. A series of critical, in-depth essays focus both on familiar figures, such as Bentham, Holmes, Hart, Dworkin, and Rawls, and on legal pluralism, comparative law, and post-modernism, represented by Santos and Calvino. The author explores the uses and limitations of our heritage of legal theory in dealing with the complexities of ordering relations at global, international, transnational, regional, national, sub-state, and local levels. In the process, he considers a wide range of issues, such as: Is law becoming detached from the nation state? Is humankind a single moral community? Why is drawing a general map of law in the world more difficult? Is depicting a legal order like depicting cities? What is the relationship between post-modernism and globalisation? The book ends with some provocative proposals for reviving general jurisprudence and rethinking comparative law. Readable, imaginative, and challenging, this book should be read by students of jurisprudence, comparative lawyers, and anyone interested in issues of globalisation.
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Specificații

ISBN-13: 9780810119048
ISBN-10: 0810119048
Pagini: 279
Dimensiuni: 140 x 216 x 23 mm
Greutate: 0.35 kg
Ediția:1
Editura: Northwestern University Press
Colecția Northwestern University Press

Notă biografică

William Twining is Research Professor of Law at University College London. Twining's Rethinking Evidence and Analysis of Evidence were co-published by Northwestern University Press.

Cuprins

Acknoweldgments
Table of abbreviations

Chapter 1: Introduction
Chapter 2: General and particular jurisprudence: three chapters in a story
Chapter 3: Globalisation and legal theory: some local implications
Chapter 4: Jeremy Bentham and general jurisprudence
Chapter 5: Other people's power: the bad man and English positivism, 1897-1997
Chapter 6: Mapping law
Chapter 7: Globalisation and comparative law
Chapter 8: Globalisation, post-modernism, and pluralism: Santos, Haack, and Calvino
Chapter 9: Epilogue

Appendix: Teaching about globalisation and law
Index

Recenzii

"Twining applies his vast learning, and a wonderful imagination, to grapple fruitfully with some of the most complex issues raised by the rapid changes occurring today in law from the local to the global level. This is a fascinating and rewarding book." --Brian Z. Tamanaha, author of A General Jurisprudence of Law and Society

"Twining is one of the most consistently intelligent and interesting writers in English about a complex of issues concerning law, legal theory, lawyers, and law practice, legal scholarship, and legal education."

—John Griffiths, University of Groningen

Descriere

Even local newspapers report on famines, global warming, human rights, the Internet, financial markets, and world sports. Globalisation is news. What are the implications for understanding law? Can one look at law from a global perspective? William Twining addresses these issues by asking how traditional Anglo-American legal theory can respond to the challenges of globalisation.