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Authority and the Globalisation of Inclusion and Exclusion
Examines the concept of a legal order in the context of globalisation from the perspective of inclusion and exclusion.
Fault Lines of Globalization
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 a...
Blockchain Governance
An engaging and comprehensive exploration of how fundamental ideas in political and legal thought shape the governance of blockchain communities, and are, in turn, shaped by blockchain technology. How can digital cash truly be “trustless”? What does it mean that blockchain offers a new paradigm of the “rule of code”? How are decisions made when a blockchain system faces an emergency, and who gets to make those decisions? In Blockchain Governance, Primavera De Filippi, Wessel Reijers, and Morshed Mannan offer answers to these questions and more, in an accessible, critical overview of legal and political issues related to blockchain technology, now the foundation of a multi-billion-dol...
Jurisprudence in a Globalized World
Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.
Authority and the Globalisation of Inclusion and Exclusion
Protracted and bitter resistance by alter- and anti-globalisation movements shows that the globalisation of law transpires as the globalisation of inclusion and exclusion. Humanity is inside and outside global law in all its possible manifestations. But how is this possible? How must legal orders be structured, such that, even if we can now speak of law beyond state borders, no emergent global legal order is possible that does not include without excluding? Is an authoritative politics of boundaries possible that neither postulates the possibility of realising an all-inclusive global legal order nor accepts resignation or political paralysis in the face of the globalisation of inclusion and exclusion? These pressing questions guide this book, opening up a vast field of enquiry that demands integrating sociological, doctrinal and philosophical perspectives and insights.
Sovereignty in Post-Sovereign Society
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating t...
The Dramatic Society
All societies are, by their very nature, dramatic. They present themselves, especially for those who want to look back in time, as a fascinating and confusing whole of theatrical events and constructions. Sometimes the theatre itself succeeds in capturing that fascination and confusion. This book describes the dramatic society in the form of case studies that link politics, history and culture. The Dramatic Society uses selected plays to examine specific moments in history. Its range of subjects are extremely diverse, including Medea as an icon of terrorism, a choreography based upon Shakespeare’s As You Like It, horror movies about the German unification, a truth commission dealing with "...
The Spirit of Democracy
This book develops a new theoretical framework for studying the corruption, disintegration, and renewal of democracy: what it is, how it begins, and where in society it plays out. Näsström argues that modern democracy is a sui generis political form animated and sustained by a spirit of emancipation.
Wildlife Review
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The Ethos of Europe
Can the EU become a 'just' institution? Andrew Williams considers this highly charged political and moral question by examining the role of five salient values said to be influential in the governance and law of the Union: peace, the rule of law, respect for human rights, democracy, and liberty. He assesses each of these as elements of an apparent 'institutional ethos' and philosophy of EU law and finds that justice as a governing ideal has failed to be taken seriously in the EU. To remedy this condition, he proposes a new set of principles upon which justice might be brought more to the fore in the Union's governance. By focusing on the realisation of human rights as a core institutional value, Williams argues that the EU can better define its moral limits so as to evolve as a more just project.
