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Keywords: legal orders
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Journal Article
There is no silver bullet: solutions to Internet jurisdiction
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Saxon R Shaw
International Journal of Law and Information Technology, Volume 25, Issue 4, Winter 2017, Pages 283–308, https://doi.org/10.1093/ijlit/eax017
Published: 09 October 2017
... legal orders multistakeholderism transnationalism The Internet is the first thing that humanity has built that humanity doesn't understand, the largest experiment in anarchy that we have ever had. —Eric Schmidt, Former CEO of Google A tangled web of public and private actors...
Chapter
Main Terms and Legal Framework of the Book
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Núria González Campañá
Published: 23 May 2024
... obligations in the context of secession to respect Member States constitutional orders. Thus, it is necessary to explain why EU law should show certain deference to national legal orders. Third, this chapter explores the legal concept of secession, both from an international and constitutional law perspective...
Chapter
EU Countries and the UK: Mads Andenas
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Mads Andenas
Published: 23 August 2021
... countries to the United Kingdom. It aims at ascertaining not so much whether a common core exists but how it is shaped and evolves, also in response to influences by supranational legal orders. EU countries do not adhere to one model. Administrative law is subject to rapid development, and even countries...
Chapter
National Implementation
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Catherine Redgwell
Published: 18 September 2012
... national courts treaties constitutional legal orders soft law 1 Introduction 923 1.1 What Is Implementation? 924 1.2 Impact of Domestic Constitutional Legal Orders on Implementation 926 2 National Implementation of International Environmental Law 929 2.1...
Chapter
Law and Justice
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Philip Selznick
Published: 08 August 2008
...This chapter examines the social science of law and justice, noting that jurisprudence studies the sources of law and the variable authority of legal precepts. It considers the rule of law, legal orders, law in action, and natural law. Legal orders are seen as integral, many-faceted parts...
Chapter
International Courts and Democratic Politics
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Karen J. Alter
Published: 26 January 2014
...This chapter discusses how the new terrain of international law is an artifact of a number of indirectly connected decisions: the decision to expand the substantive reach of international law, to embed international legal rules into national legal orders, to expand the extraterritorial enforcement...
Chapter
Many Legal Orders, One Law: 2008 British Academy Law Lecture
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Francis G. Jacobs
Published: 30 June 2011
...This chapter presents the text of a lecture on legal orders in Europe given at the British Academy's 2008 Law Lecture. This text suggests that developments in European and international law make it increasingly hard to sustain the view that a single system of law operates within each sovereign...
Chapter
Conceptual Theories of Law and the Challenges of Global Legal Pluralism: A Legal Interactionist Approach
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Wibren van der Burg
Published: 08 October 2020
... of law-producing actors. Third, it accepts that legal orders may gradually emerge. Fourth, legal orders overlap and are intertwined in many ways. We may discern three different strategies to deal with these challenges: monist, relativist, and pluralist. This chapter defends a pluralist approach, namely...
Chapter
Tracing the History of the Legal System in India
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Mahendra Pal Singh and Niraj Kumar
Published: 14 February 2019
...The Indian Legal System: An Enquiry. First Edition. Mahendra Pal Singh and Niraj Kumar.
© Oxford University Press 2019. Published 2019 by Oxford University Press. Examination of Indian legal history illustrates the presence of multiple legal orders that coexisted in India through...
Chapter
Legal Pluralism: A Systems Theory Approach to Language, Translation, and Communication
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Richard Nobles and David Schiff
Published: 21 February 2013
...This chapter explores the nature of the legal code and how it can be used to study state, inter-state, and non-state legal orders. It illustrates how codes can resolve or reduce problems of translation, and thereby generate a discussion of the nature of codes, and how they operate within language...
Chapter
Published: 26 September 2013
...The chapter validates the findings of Chapter 1 by discussing a series of possible counterexamples to the thesis that legal orders must be spatially limited: nomadism, Roman law, classical international law, ius gentium, multinationals, cyberlaw, lex mercatoria, overlapping legal orders...
Chapter
Legal Pluralism: Parallel Legal Orders
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D. J. GALLIGAN
Published: 31 August 2006
... a descending thesis of government, and an ascending thesis of government. This chapter further explains legal pluralism as a reaction to state law that runs parallel with state law. Also, this chapter discusses how other legal orders may seem parallel and intersecting with each other. legal pluralism parallel...
Chapter
Form of Modern Legal Orders
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D. J. GALLIGAN
Published: 31 August 2006
...Evidently, legal orders has evolved in such a way that although some laws retain a basis of general standards like early common law, others rely on the rules that are being acted out by legislature. A debate exists, however, about the right balance between an open discretion and detailed rules...
Chapter
Aims of Comparative Law
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Uwe Kischel
Published: 21 February 2019
... of interpreting national law. Finally, comparative law becomes particularly important when the common principles of a variety of other legal orders are themselves considered to be a formal source of law in one particular legal system. abstraction Bosnia Herzegovina China Chinese law common law context...
Chapter
Strategic Issues for Creating Contractual Registries
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Benito Arruñada
Published: 24 August 2012
...This chapter addresses the strategic issues for creating contractual registries. These include understanding conflict between local and wider legal orders; the most logical sequence in developing institutions for impersonal trade; priorities for reform; lessons learned from reforms in the areas...
Chapter
Administrative Law Beyond the State: The Influence of International and Supranational Organizations
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Giacinto della Cananea
Published: 15 December 2020
... about the particularities of each national legal culture or tradition, but there is a certain vision of the state. Empirically, there are various forms of interaction between national, international, and supranational legal orders that are worth considering. As such, the chapter draws upon some case...
Chapter
An Anthropological Perspective on Legal Pluralism
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Sally Engle Merry
Published: 08 October 2020
... law. The anthropological concept of legal pluralism helps to understand the complexity of the global legal order, with a focus on the way its fragmentation and incommensurability operates in practice in the highly complex sociocultural global situation. The anthropological approach suggests...
Chapter
Comparative Law And Private International Law
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Mathias Reimann
Published: 09 May 2019
... international law the object of scholarly study; it has assisted in the making of private international law rules; and it has provided a method for the application of existing conflicts norms. Recently, however, the emergence of supra-national legal orders has had a significant impact on the relationship...
Chapter
National Implementation
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Catherine Redgwell
Published: 07 August 2008
... the elements of the Australian federation in environmental management’ which ‘seems to be contrary to the spirit of Article 34.’ 15 A further threshold issue is the extent to which the domestic constitutional legal order impacts upon the implementation of international environmental law...
Chapter
Plurality and Interaction of Legal Orders in the Enforcement of Cultural Heritage Law
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Francesco Francioni
Published: 06 June 2013
...This chapter connects the idea of pluralism in the variety of cultural expressions with the plurality of legal orders that may come into play in the enforcement of norms in the protection of cultural heritage. It shows how different legal orders (domestic and international) and different systems...
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