Entangled legalities beyond the state
著者
書誌事項
Entangled legalities beyond the state
（Global law series）
Cambridge University Press, 2022
- : hardback
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注記
Includes index
内容説明・目次
内容説明
Law is usually understood as an orderly, coherent system, but this volume shows that it is often better understood as an entangled web. Bringing together eminent contributors from law, political science, sociology, anthropology, history and political theory, it also suggests that entanglement has been characteristic of law for much of its history. The book shifts the focus to the ways in which actors create connections and distance between different legalities in domestic, transnational and international law. It examines a wide range of issue areas, from the relationship of state and indigenous orders to the regulation of global financial markets, from corporate social responsibility to struggles over human rights. The book uses these empirical insights to inform new theoretical approaches to law, and by placing the entanglements between norms from different origins at the centre of the study of law, it opens up new avenues for future legal research. This title is also available as Open Access.
目次
- 1. Introduction: Framing entangled legalities beyond the state Nico Krisch
- Part I. Entangling State Law: 2. Denial, deferral, translation: dynamics of entangling and disentangling state and non-state law in postcolonial spaces Tobias Berger
- 3. To be is to be entangled: Indigenous treaty-making, relational legalities and the ecological grounds of law Kirsten Anker
- 4. And an algorithm to entangle them all? Social credit, data-driven governance, and legal entanglement in post-law legal orders Larry Cata Backer
- 5. Belt, road and (legal) suspenders: Entangled legalities on the 'New Silk Road' Tomer Broude
- Part II. International Law and its Interfaces: 6. Giving due consideration: A normative pathway between UN human rights treaty monitoring bodies and domestic courts Machiko Kanetake
- 7. The social life of entanglements between international investment and human rights norms in and beyond ISDS Francesco Corradini
- 8. International trade law: Legal entanglement on the WTO's own terms Lucy Lu Reimers
- Part III. Weaving Transnational Legalities: 9. Targeting bad apples or the whole barrel? The legal entanglements between targeted and comprehensive logics in counter-proliferation sanctions Gregoire Mallard and Aurel Niederberger
- 10. Seamstress of transnational law: How the court of arbitration for sport weaves the Lex Sportiva Antoine Duval
- 11. The struggle for international financial standards: An historical analysis of entangling legalities in finance Francesco Corradini
- 12. Hidden in the shades: Patterns of entanglement within the web of corporate social responsibility law Tomas Morochovic and Lucy Lu Reimers
- Part IV. Situating Entanglements: 13. Entangled legalities beyond the (Byzantine) state: Towards a user theory of jurisdiction Caroline Humfress
- 14. Entanglement of state and indigenous legal orders in Canada Keith Culver and Michael Giudice
- 15. Entangled hopes: Towards relational coherence Julia Eckert
- 16. Tertiary rules Ralf Michaels
- 17. A reconstruction of transnational legal pluralism and law's foundations Brian Z. Tamanaha.
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