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Temporal Boundaries of Law and Politics

Temporal Boundaries of Law and Politics
Author: Luigi Corrias
Publisher: Routledge
Total Pages: 210
Release: 2018-04-09
Genre: Law
ISBN: 1351103466
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In the last decade, the changing role of time in society has once again taken centre stage in the academic debate. A prominent, but surely not the only, aspect of this debate hinges on the so-called acceleration of time and its societal consequences. Despite the fact that time is fundamental to the way in which law and politics function, the influence of the contemporary experience of time on law and politics remains underdeveloped. How, for example, does society’s structural acceleration impact on justice? Does law actually offer stability and predictability in an ever-changing global world? How can legal and political institutions function in the wake of ever-increasing uncertainty? Both law and politics employ time to order society but they are also limited in what can be effectuated by time. It is this very tension between temporal possibilities and limitations that the contributors to this collection – drawn from different fields of law, as well as from other disciplines – examine.

Research Handbook on the Sociology of Law

Research Handbook on the Sociology of Law
Author: Jiří Přibáň
Publisher: Edward Elgar Publishing
Total Pages: 416
Release: 2020-12-25
Genre: Law
ISBN: 1789905184
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This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.

Time, Law, and Change

Time, Law, and Change
Author: Sofia Ranchordás
Publisher: Bloomsbury Publishing
Total Pages: 407
Release: 2020-04-16
Genre: Law
ISBN: 1509930949
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Offering a unique perspective on an overlooked subject – the relationship between time, change, and lawmaking – this edited collection brings together world-leading experts to consider how time considerations and social, political and technological change affect the legislative process, the interpretation of laws, the definition of the powers of the government and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and law, and change. The first part offers legal, theoretical and historical perspectives on the relationship between time and law, and how time shaped law and influences legal interpretation and constitutional change. The second part offers the reader an analysis of the different ways in which courts approach the impact of time on law, as well as theoretical and empirical reflections upon the meaning of the principle of legal certainty, legitimate expectations and the influence of law over time. The third part of the book analyses how legislation and the legislative process addresses time and change, and the various challenges they create to the legal order. The fourth and final part addresses the complex relationship between fast-paced technological change and the regulation of innovations.

Utopian Thinking in Law, Politics, Architecture and Technology

Utopian Thinking in Law, Politics, Architecture and Technology
Author: van Klink, Bart
Publisher: Edward Elgar Publishing
Total Pages: 321
Release: 2022-09-15
Genre: Law
ISBN: 1803921404
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This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This innovative book explores the role of utopian thinking in law and politics, including alternative forms of social engineering, such as technology and architecture. Building on Levitas’ Utopia as Method, the topic of utopia is addressed within the book from a multidisciplinary perspective.

Global Intellectual Property Protection and New Constitutionalism

Global Intellectual Property Protection and New Constitutionalism
Author: Jonathan Griffiths
Publisher: Oxford University Press
Total Pages: 360
Release: 2021-11-22
Genre: Law
ISBN: 0192608258
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The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of “new constitutionalism”, the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this "constitutional" framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader "constitutional" norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.

The Political Value of Time

The Political Value of Time
Author: Elizabeth F. Cohen
Publisher: Cambridge University Press
Total Pages: 195
Release: 2018-03-01
Genre: Political Science
ISBN: 1108329578
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Waiting periods and deadlines are so ubiquitous that we often take them for granted. Yet they form a critical part of any democratic architecture. When a precise moment or amount of time is given political importance, we ought to understand why this is so. The Political Value of Time explores the idea of time within democratic theory and practice. Elizabeth F. Cohen demonstrates how political procedures use quantities of time to confer and deny citizenship rights. Using specific dates and deadlines, states carve boundaries around a citizenry. As time is assigned a form of political value it comes to be used to transact over rights. Cohen concludes with a normative analysis of the ways in which the devaluation of some people's political time constitutes a widely overlooked form of injustice. This book shows readers how and why they need to think about time if they want to understand politics.

Ethics of Hospitality

Ethics of Hospitality
Author: Daniel Innerarity
Publisher: Taylor & Francis
Total Pages: 168
Release: 2017-01-12
Genre: Law
ISBN: 1317210379
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The source of hospitality lies in the fundamental ethical experiences that make up the fabric of the social lives of people. Therein lies a primary form of humanity. Whether we are guests or hosts, this reveals our situation in a world made up of receiving and meeting, leaving room for the liberty to give and receive beyond the imperatives of reciprocity. This book proposes an ethic that promotes the possibility of stirring emotion before that of protecting ourselves from unexpected encounters. Fundamental ethical competence consists of opening up to the wholly other and to others, to be accessible to the world’s solicitations. There is moral superiority of vulnerable love over control and moderation, of generous passion over rational prudence and of excess over exchange. Constructing an ethic of hospitality is essential at a time when we are torn between the imperatives of modernization and growth and the demands of concern and protection. The experience we all have today, that of the fragility of the world, is giving rise to a powerful tendency toward solicitude. From such a perspective, the duty of individuals no longer consists of protecting themselves from society, but of defending it, taking care of a social fabric outside of which no identity can be formed.

Fault Lines of Globalization

Fault Lines of Globalization
Author: Hans Lindahl
Publisher: Oxford University Press
Total Pages: 299
Release: 2013-09-26
Genre: Law
ISBN: 0199601682
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The question whether and how boundaries might individuate and thereby be constitutive features of any imaginable legal order has yet to be addressed in a systematic and comprehensive manner by legal and political theory. This book seeks to address this important omission, providing an original contribution to the debate about law in a global setting. Against the widely endorsed assumption that we are now moving towards law without boundaries, it argues that every imaginable legal order, global or otherwise, is bounded in space, time, membership, and content. The book is built up around three main insights. Firstly, that legal orders can best be understood as a form of joint action in which authorities mediate and uphold who ought to do what, where, and when with a view to realising the normative point of acting together. Secondly, that behaviour can call into question the boundaries that determine who ought to do what, where and when: a-legality. Thirdly, that this a-legality reveals boundaries as marking a limit and, to a lesser or greater extent, a fault line of the respective legal order. Legal boundaries reveal ways of ordering the who, what, where, and when of behaviour which have been excluded, yet which remain within the range of practical possibilities accessible to the collective: limits. However legal boundaries also intimate an order which exceeds the range of possibilities accessible to that collective - the fault line of the respective legal order. Careful analysis of a wide range of legal orders, including nomadism, Roman law, classical international law, ius gentium, multinationals, cyberlaw, lex mercatoria, the EU, global regimes of human rights, and space law validates this thesis. What sense, then, can we make of the normativity of the law, if there can be no inclusion without exclusion? Arguing that legal and political theories misunderstand how legal boundaries do their work of including and excluding, the book develops a normative theory of legal order which is alternative to both communitarianism and cosmopolitanism.

Grasping Legal Time

Grasping Legal Time
Author: Martijn Stronks
Publisher: Cambridge University Press
Total Pages: 127
Release: 2022-06-23
Genre: Law
ISBN: 1108835732
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This book explores the double-edged role of time in the regulation of migration from legal, philosophical and socio-cultural perspectives.

International Frontiers and Boundaries

International Frontiers and Boundaries
Author: Victor Prescott
Publisher: BRILL
Total Pages: 516
Release: 2008-07-31
Genre: Law
ISBN: 9047433645
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International frontiers and boundaries separate land, rivers and lakes subject to different sovereignties. Frontiers are zones of varying widths and they were common many centuries ago. By 1900 frontiers had almost disappeared and had been replaced by boundaries that are lines. The divisive nature of frontiers and boundaries has formed the focus of inter-disciplinary studies by economists, geographers, historians, lawyers and political scientists. Scholars from these disciplines have produced a rich literature dealing with frontiers and boundaries. The authors surveyed this extensive literature and the introduction reveals the themes which have attracted most attention. Following the introduction the book falls into three sections. The first section deals systematically with frontiers, boundary evolution and boundary disputes. The second section considers aspects of international law related to boundaries. It includes chapters dealing with international law and territorial boundaries, maps as evidence of international boundaries and river boundaries and international law. The third section consists of seven regional chapters that examine the evolution of boundaries in the Americas, the Middle East, Africa, Asia, Europe, islands off Southeast Asia and Antarctica.