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The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Effective Governance Under Anarchy
Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.
Exploring the Multitude of Muslims in Europe
In Exploring the Multitude of Muslims in Europe a number of friends and colleagues of Jørgen S. Nielsen have joined together to celebrate his life and work by reflecting his more than forty years of scholarly contributions to the study of Islam and Muslims in Europe. The fourteen articles move through conceptualisations, productions and explorations of the multitudes of Muslims in Europe, and the authors draw on Jørgen S. Nielsen’s own work on the history and challenges of the Muslim community in Europe, critical thinking, ethnicities and theologies of Muslims in Europe, Muslim minorities, Muslim-Christian relations, and on Islamic legal challenges in Europe. Contributors are: Samim Akgönül, Ahmet Alibašić, Naveed Baig, Safet Bektovic, Mohammed Hashas, Thomas Hoffmann, Hans Raun Iversen, Göran Larsson, Werner Menski, Egdūnas Račius, Lissi Rasmussen, Mathias Rohe, Emil B. H. Saggau, Jakob Skovgaard-Petersen, Thijl Sunier, and Niels Valdemar Vinding.
Human Rights Futures
With authoritarian states and global culture wars threatening human rights, this volume weighs hopes the for effective human rights advocacy.
Designing Indicators for a Plural Legal World
It pluralises the conversation around legal indicators by considering the diversity of law and legal institutions in the Global South.
A Critical Approach to International Water Management Trends
This edited volume provides a critical discussion of particular trends that are widely recognised to influence water management by comparing them with what is actually happening in the field. Among others, these trends include water security, adaptive or integrative management, and the water-energy-food nexus, which are often presented as essential means to reaching more sustainable and resilient water use. However, the extent to which these trends have managed to structure concrete practices in water management remains uncertain. Informed by empirically grounded research, each chapter of this work engages with a particular approach, concept or theory. Together, they provide a nuanced picture of trends in water management that require universal remedies and global norms.
Local Self-Governance in Antiquity and in the Global South
The nucleus of society is situated at the local level: in the village, the neighborhood, the city district. This is where a community first develops collective rules that are intended to ensure its continued existence. The contributors look at such configurations in geographical areas and time periods that lie outside of the modern Western world with its particular development of society and statehood: in Antiquity and in the Global South of the present. Here states tend to be weak, with obvious challenges and opportunities for local communities. How does governance in this context work? Scholars from various disciplines (Classics, Theology, Political Science, Sociology, Social Anthropology,...
Rule of Law and Areas of Limited Statehood
This thought-provoking book addresses the legal questions raised by areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between both domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein.
The Oxford Handbook of Governance and Limited Statehood
Unpacking the major debates, this Oxford Handbook brings together leading authors of the field to provide a state-of-the-art guide to governance in areas of limited statehood where state authorities lack the capacity to implement and enforce central decision and/or to uphold the monopoly over the means of violence. While areas of limited statehood can be found everywhere - not just in the global South -, they are neither ungoverned nor ungovernable. Rather, a variety of actors maintain public order and safety, as well as provide public goods and services. While external state 'governors' and their interventions in the global South have received special scholarly attention, various non-state ...
International Development Organizations and Fragile States
This book addresses a conundrum for the international development community: The law of development cooperation poses major constraints on delivering aid where it is needed most. The existence of a state with an effective government is a basic condition for the transfer of aid, making development cooperation with ‘fragile’ nations particularly challenging. The author explores how international organizations like the World Bank have responded by adopting formal and informal rules to engage specifically with countries with weak or no governments. Von Engelhardt provides a critical analysis of the discourse on fragile states and how it has shaped the policy decision-making of international organizations. By demonstrating how perceptions of fragility can have significant consequences both in practice and in law, the work challenges conventional research that dismisses state fragility as a phenomenon beyond law. It also argues that the legal parameters for effective global policy play a crucial role, and offers a fresh approach to a topic that is central to international security and development.
