Toward a New Legal Common Sense: Law, Globalization, and EmancipationCambridge University Press, 2002 - 565 pages There are those who believe that modern society's reliance upon law, politics and science to both regulate and emancipate society has reached a crisis point and can no longer provide answers to current social problems. Toward a New Legal Common Sense engages in a series of sociological analyses of law in order to illustrate the need for a profound theoretical reconstruction of the notion of legality based on locality, nationality and globality. In this way the author shows how developments including suprastate organisations such as the European Union and international human rights law can be given their proper place in the sociology of law, and suggests a new set of social structures that might sustain the emancipatory elements that have disappeared from modern society. This new edition, of a title originally published by Routledge (New York), is part of the acclaimed Law in Context Series, whose aim is to develop broad interdisciplinary perspectives on law. Toward a New Legal Common Sense is written for students taking law and globalisation courses, and political science, philosophy and sociology students doing optional subjects. |
From inside the book
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... rhetoric 100 2.1 Explicit and implicit issues : the object of the dispute as the result 3 of a bargaining process 104 2.1.1 The breadth or narrowness of the dispute 105 2.1.2 The processed dispute and the real dispute 106 2.2 Topoi ...
... rhetoric 100 2.1 Explicit and implicit issues : the object of the dispute as the result 3 of a bargaining process 104 2.1.1 The breadth or narrowness of the dispute 105 2.1.2 The processed dispute and the real dispute 106 2.2 Topoi ...
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Contents
Chapter | 6 |
A paradigmatic transition? | 7 |
Chapter 2 | 21 |
Legalpolitical modernity and capitalism | 39 |
Unthinking law | 61 |
Conclusion | 82 |
The structural components of law 86 23 Legal plurality | 89 |
Chapter 4 | 99 |
hegemony | 278 |
The Global Reform of Courts | 313 |
intensity globalization | 326 |
Chapter 7 | 353 |
The state and civil society | 363 |
4 | 369 |
Chapter 8 | 417 |
Chapter 9 | 439 |
Dispute prevention and dispute settlement in Pasargada law | 112 |
Conclusion | 155 |
Chapter 5 | 163 |
Paradigmatic and subparadigmatic readings of globalization | 172 |
The social basis of global agency | 182 |
a survey and a research | 194 |
The state and the market | 204 |
International migration | 217 |
social fascism | 447 |
upon the possibility of integrating them in broader political | 467 |
indigenous peoples and traditional authorities | 475 |
Conclusion | 494 |
547 | |
555 | |
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Common terms and phrases
according analysis analyzed argument autonomy capitalism century Chapter civil society claims complex conceived conception conflict constellations constitute context contract core countries cosmopolitan legality courts crisis debate democracy democratic deterritorialized discourse dominant economic emancipatory emergence epistemological ethnic European fact favelas forms of power global groups hegemonic historical human rights indigenous instance institutional interests interstate system judicial knowledge labour legal culture legal field legal orders legal plurality legal positivism lex mercatoria liberal migration modern law modern science movements nation-state nature neo-liberal NGOs normative organizations paradigm paradigmatic transition particularly parties Pasargada law period peripheral political postmodern presidente principle production question refugees regime regulation and emancipation representative democracy rhetoric semi-peripheral shack social contract social fascism social relations sovereignty specific strategies structural places struggles subaltern cosmopolitanism territorial theory time-space TNCs topos tradition transformation transnational unequal exchange violations Wallerstein welfare world system world system theory