Legal Positivism in a Global and Transnational Age - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Positivism in a Global and Transnational Age write by Luca Siliquini-Cinelli. This book was released on 2019-08-30. Legal Positivism in a Global and Transnational Age available in PDF, EPUB and Kindle. A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.
International Legal Positivism in a Post-Modern World
International Legal Positivism in a Post-Modern World - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Legal Positivism in a Post-Modern World write by Jörg Kammerhofer. This book was released on 2014-10-06. International Legal Positivism in a Post-Modern World available in PDF, EPUB and Kindle. International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of international law and the critique of positivism undermined the positivist project and its narratives? Do modern forms of positivism, inspired largely by the theoretically sophisticated jurisprudential concepts associated with Hans Kelsen and H. L. A. Hart, remain of any relevance for the international lawyer in this 'post-modern' age? The authors provide a wide variety of views and a stimulating debate about this family of approaches.
Law, Morality, and Legal Positivism
Law, Morality, and Legal Positivism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Law, Morality, and Legal Positivism write by International Association for Philosophy of Law and Social Philosophy. World Congress. This book was released on 2004. Law, Morality, and Legal Positivism available in PDF, EPUB and Kindle. Contents P. Capps: Positivism in Law and International Law D. von Daniels: Is Positivism a State Centered Theory? K. E. Himma: Legal Positivism's Conventionality Thesis and the Methodology of Conceptual Analysis R. Nunan: A Modest Rehabilitation of the Separability Thesis A. Oladosu: Choosing Legal Theory on Cultural Grounds: An African Case for Legal Positivism C. Orrego: Hart's Last Legal Positivism: Morality Might Be Objective; Legality Certainly is Not M. Pavcnik: Die (Un)Produktivitat der Positivistischen Jurisprudenz M. Haase: The Hegelianism in Kelsen's Pure Theory of Law S. Papaefthymiou: The House Kelsen Built U. J. Pak: Legal Practitioners' Need of Reflective Application of Legal Philosophy in Korea U. Schmill: Jurisprudence and the Concept of Revolution D. Venema: Judicial Discretion: a Necessary Evil? J. Baker: Rights, Obligations, and Duties, and the Intersection of Law, Conventions and Morals S. Bertea: Legal Systems' Claim to Normativity and the Concept of Law J. Dalberg-Larsen: On the Relevance of Habermas and Theories of Legal Pluralism for the Study of Environmental Law A. Philippopoulos-Mihalopoulos: A Connection of No-Connection in Luhmann and Derrida.
International Legal Positivism and Legal Realism
International Legal Positivism and Legal Realism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Legal Positivism and Legal Realism write by D. A. Jeremy Telman. This book was released on 2013. International Legal Positivism and Legal Realism available in PDF, EPUB and Kindle. This chapter, a contribution to a book on International Legal Positivism in a Post-Modern World, gauges the potential for mutually enriching interactions between international legal positivism and legal realism. It first describes the encounter between legal positivism and legal realism in the U.S. legal academy and then proceeds to discuss the rise of a new legal realism in international legal theory. In a concluding section, the chapter assesses the compatibilities and tensions between the new international legal realism and the new international legal positivism.With its forthright embrace of the inescapability of uncertainty in law, the new international legal positivism adopts a sceptical position very similar to legal realism. However, this chapter contends, the new international legal positivism still requires a realist supplement in order to provide a fuller understanding of the way in which legal norms interact with non-legal factors and to help us describe, predict and analyse the behaviour of actors in international affairs. At the same time, new international legal realists can learn from the sceptical attitude towards sources of law that new international legal positivists have developed. The two movements can be symbiotic if brought into closer dialogue. Nonetheless, this chapter concludes with a dose of pessimism about the capacity of any of the currently available theories of international law to fully assimilate the complexities of both postmodern theory and postmodern global society into a comprehensive theory of international law in the postmodern world.
Legal Positivism
Legal Positivism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Positivism write by Tom D. Campbell. This book was released on 2016-12-05. Legal Positivism available in PDF, EPUB and Kindle. Despite persistent criticism from a variety of different perspectives including natural law, legal realism and socio-legal studies, legal positivism remains as an enduring theory of law. The essays contained in this volume represent the most balanced responses toward legal positivism and although largely sympathetic, the essays do not fail to criticize elements of the tradition wherever appropriate.
