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Legal Theory and the Media of Law
As many disciplines in the humanities have experienced a focus on culture’s impact in recent decades, questions surrounding the significance of media such as writing, print and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory perspective can also be highly productive for legal theory.
Mapping the Legal Boundaries of Belonging
For several decades, culture played a central role in challenging the liberal tradition. More recently however, religion has re-emerged as one of the central challenges facing Western liberal societies' conception of multiculturalism. Mapping the Legal Boundaries of Belonging explores the complex relationship between religion and multiculturalism and the role of the state and law in the creation of boundaries. The intersection between religion, nationalism and other vectors of difference in Canada and Israel offer an ideal laboratory in which to examine multiculturalism in particular and the governance of diversity in general. The contributors to this volume investigate concepts of religious...
Sociology of Constitutions
This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.
Religious Rules, State Law, and Normative Pluralism - A Comparative Overview
This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.
Research Handbook on EU Energy Law and Policy
This thoroughly revised second edition presents a comprehensive overview of the most important contemporary research in EU energy law and policy. The Research Handbook brings together a diverse array of experts, highlighting the multifaceted nature of this continually developing field.
Regulatory Hybridization in the Transnational Sphere
This book examines hybridization as a defining phenomenon of regulatory frameworks in the transnational sphere. The contributions illustrate that globalization contributes to blurring the distinctions between national and international, public and private law; and that hybridization therefore necessitates a rethinking of fundamental legal concepts.
Religion in Public Spaces
This timely volume discusses the much debated and controversial subject of the presence of religion in the public sphere. The book is divided in three sections. In the first the public/private distinction is studied mainly from a theoretical point of view, through the contributions of lawyers, philosophers and sociologists. In the following sections their proposals are tested through the analysis of two case studies, religious dress codes and places of worship. These sections include discussions on some of the most controversial recent cases from around Europe with contributions from some of the leading experts in the area of law and religion. Covering a range of very different European coun...
The Law of Political Economy
"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--
Governance of Digital Game Environments and Cultural Diversity
'This collection of legal, philosophical, economic, and cultural perspectives ultimately makes a strong case for the potential value of game environments for addressing diversity issues, but also raises important concerns regarding implementation of corporate and government policies in this sector highly recommended for anyone exploring this emerging field.' Benjamin T. Duranske, Pillsbury Winthrop Shaw Pittman LLP, US 'Videogaming is serious business. But the legal and theoretical implications of online and virtual environments are little understood. Professor Graber and Ms. Burri-Nenova have done a masterful job of bringing together several insightful articles that inform us about the busi...
Diaspora and Law
Today, law is no longer homogenous or unquestioned. Different overlapping legal systems constantly interfere with one another, both on an international level, in complex transnational contexts such as the European Union or human rights law, but also in the context of cultural diversity or conflicts between religious norms and civil institutions, between minorities and the power of the state. On the other hand, the neutrality of law is also under growing pressure, be it from different global transnational players, or from within nation states where calls are made to adapt law to the will of "the people." The heated European debate on the "refugee crisis" has made it manifest that law is more ...
