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This book provides an historically informed reconstruction of the social practices that have shaped the formation of the modern subject from the early modern period to the present. The formal legal protections accorded to subjects are, and always have been, latent in social practices, norms and language before they are articulated in formal legal orders. Vesting argues that, in Western societies, legal personhood is closely tied to three ideal types of social personhood – what he calls the gentleman, the manager, and Homo Digitalis. By examining these three ideal types and their emergence in society, we can see that Western formal law does not bring these ideal types into being but, on the...
There has been renewed and growing interest in exploring the significant role played by law in the centralization of power and sovereignty – right from the earliest point. This timely book serves as an introduction into state theory, providing an overview of the conceptual history and the interdisciplinary tradition of the continental European general theory of the state.
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.
There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems. It establishes the emergence of a normative order of the internet, an order which explains and justifies processes of online rule and regulation. This order integrates norms at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Matthias C. Kettemann assesses their internal coherence, their consonance with other order norms and th...
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