Spaces of Law and Custom

Spaces of Law and Custom

Author: Edoardo Frezet

Publisher: Routledge

Published: 2021-07-14

Total Pages: 283

ISBN-13: 1000406458

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This collection brings together a carefully curated selection of researchers from law, sociology, anthropology, philosophy, history, social ontology and international relations, in order to examine how law and custom interact within specific material and spatial contexts. Normativity develops within these contexts, while also shaping them. This complex relationship exists within all physical places from traditional agrarian spaces to the modern shifting post-industrial workplace. The contributions gathered together in this volume explore numerous examples of such spaces from different disciplinary perspectives to interrogate the dynamic relationship between custom and law, and the material spaces they inhabit. While there are a dynamic series of conclusions regarding this relationship in different material realities, a common theme is pursued throughout: a proper understanding of law and custom stems from their material locatedness within the power dynamics of particular spaces, which, in turn, are reflexively shaped by that same normativity. The book thus generates an account of the locatedness of law and custom, and, indeed, of custom as a source of law. In this way, it provides a series of linked explorations of normative spaces, but, more fundamentally, it also furnishes a cross-disciplinary toolkit of concepts and critical tools for understanding law and custom, and their relationship. As the diversity of the contributors indicates, this book will be of great interest to legal theorists of different traditions, also legal historians and anthropologists, as well as sociologists, historians, geographers and developmental economists.


Book Synopsis Spaces of Law and Custom by : Edoardo Frezet

Download or read book Spaces of Law and Custom written by Edoardo Frezet and published by Routledge. This book was released on 2021-07-14 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together a carefully curated selection of researchers from law, sociology, anthropology, philosophy, history, social ontology and international relations, in order to examine how law and custom interact within specific material and spatial contexts. Normativity develops within these contexts, while also shaping them. This complex relationship exists within all physical places from traditional agrarian spaces to the modern shifting post-industrial workplace. The contributions gathered together in this volume explore numerous examples of such spaces from different disciplinary perspectives to interrogate the dynamic relationship between custom and law, and the material spaces they inhabit. While there are a dynamic series of conclusions regarding this relationship in different material realities, a common theme is pursued throughout: a proper understanding of law and custom stems from their material locatedness within the power dynamics of particular spaces, which, in turn, are reflexively shaped by that same normativity. The book thus generates an account of the locatedness of law and custom, and, indeed, of custom as a source of law. In this way, it provides a series of linked explorations of normative spaces, but, more fundamentally, it also furnishes a cross-disciplinary toolkit of concepts and critical tools for understanding law and custom, and their relationship. As the diversity of the contributors indicates, this book will be of great interest to legal theorists of different traditions, also legal historians and anthropologists, as well as sociologists, historians, geographers and developmental economists.


Customary International Law in Times of Fundamental Change

Customary International Law in Times of Fundamental Change

Author: Michael P. Scharf

Publisher: Cambridge University Press

Published: 2013-05-31

Total Pages: 241

ISBN-13: 1107276764

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This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.


Book Synopsis Customary International Law in Times of Fundamental Change by : Michael P. Scharf

Download or read book Customary International Law in Times of Fundamental Change written by Michael P. Scharf and published by Cambridge University Press. This book was released on 2013-05-31 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.


The Discourse on Customary International Law

The Discourse on Customary International Law

Author: Jean D'Aspremont

Publisher: Oxford University Press

Published: 2021

Total Pages: 193

ISBN-13: 0192843907

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"The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment"--Page 4 de la couverture.


Book Synopsis The Discourse on Customary International Law by : Jean D'Aspremont

Download or read book The Discourse on Customary International Law written by Jean D'Aspremont and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment"--Page 4 de la couverture.


Reexamining Customary International Law

Reexamining Customary International Law

Author: Brian D. Lepard

Publisher: Cambridge University Press

Published: 2017-02-16

Total Pages:

ISBN-13: 1108107931

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Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.


Book Synopsis Reexamining Customary International Law by : Brian D. Lepard

Download or read book Reexamining Customary International Law written by Brian D. Lepard and published by Cambridge University Press. This book was released on 2017-02-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.


Space Law

Space Law

Author: Francis Lyall

Publisher: Routledge

Published: 2016-12-05

Total Pages: 589

ISBN-13: 1351898876

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The opening of space to exploration and use has had profound effects on society. Remote sensing by satellite has improved meteorology, land use and the monitoring of the environment. Satellite television immediately informs us visually of events in formerly remote locations, as well as providing many entertainment channels. World telecommunication facilities have been revolutionised. Global positioning has improved transport. This book examines the varied elements of public law that lie behind and regulate the use of space. It also makes suggestions for the development and improvement of the law, particularly as private enterprise plays an increasing role in space.


Book Synopsis Space Law by : Francis Lyall

Download or read book Space Law written by Francis Lyall and published by Routledge. This book was released on 2016-12-05 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: The opening of space to exploration and use has had profound effects on society. Remote sensing by satellite has improved meteorology, land use and the monitoring of the environment. Satellite television immediately informs us visually of events in formerly remote locations, as well as providing many entertainment channels. World telecommunication facilities have been revolutionised. Global positioning has improved transport. This book examines the varied elements of public law that lie behind and regulate the use of space. It also makes suggestions for the development and improvement of the law, particularly as private enterprise plays an increasing role in space.


The European Union and Customary International Law

The European Union and Customary International Law

Author: Fernando Lusa Bordin

Publisher: Cambridge University Press

Published: 2022-11-03

Total Pages: 337

ISBN-13: 1108832970

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The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.


Book Synopsis The European Union and Customary International Law by : Fernando Lusa Bordin

Download or read book The European Union and Customary International Law written by Fernando Lusa Bordin and published by Cambridge University Press. This book was released on 2022-11-03 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.


Law and Custom in Korea

Law and Custom in Korea

Author: Marie Seong-Hak Kim

Publisher: Cambridge University Press

Published: 2012-08-27

Total Pages: 365

ISBN-13: 1139536346

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This book sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The transplantation of modern civil law in Korea was facilitated by Japanese colonial jurists who created a Korean customary law; this constructed customary law served as an intermediary regime between tradition and the demands of modern law. The transformation of Korean law by the forces of Westernisation points to new interpretations of colonial history and presents an intriguing case for investigating the spread of law on a global level. In-depth discussions of French customary law and Japanese legal history also provide a solid conceptual framework suitable for comparing European and East Asian legal traditions.


Book Synopsis Law and Custom in Korea by : Marie Seong-Hak Kim

Download or read book Law and Custom in Korea written by Marie Seong-Hak Kim and published by Cambridge University Press. This book was released on 2012-08-27 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The transplantation of modern civil law in Korea was facilitated by Japanese colonial jurists who created a Korean customary law; this constructed customary law served as an intermediary regime between tradition and the demands of modern law. The transformation of Korean law by the forces of Westernisation points to new interpretations of colonial history and presents an intriguing case for investigating the spread of law on a global level. In-depth discussions of French customary law and Japanese legal history also provide a solid conceptual framework suitable for comparing European and East Asian legal traditions.


Customary International Law

Customary International Law

Author: Brian D. Lepard

Publisher: Cambridge University Press

Published: 2010-01-11

Total Pages: 441

ISBN-13: 052119136X

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This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.


Book Synopsis Customary International Law by : Brian D. Lepard

Download or read book Customary International Law written by Brian D. Lepard and published by Cambridge University Press. This book was released on 2010-01-11 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.


International Customary Law and Codification

International Customary Law and Codification

Author: H. W. A. Thirlway

Publisher: Martinus Nijhoff Publishers

Published: 1972-12-31

Total Pages: 184

ISBN-13: 9789028600829

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Book Synopsis International Customary Law and Codification by : H. W. A. Thirlway

Download or read book International Customary Law and Codification written by H. W. A. Thirlway and published by Martinus Nijhoff Publishers. This book was released on 1972-12-31 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Integrating Spaces

Integrating Spaces

Author: Kali N. Murray

Publisher: Aspen Publishing

Published: 2023-09-15

Total Pages: 464

ISBN-13: 1543831079

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Integrating Spaces: Property Law and Social Identity, Second Edition, provides a dynamic social, historical, and doctrinal context for understanding property law. With historical perspective and doctrinal analysis, it maps the directions in which property law has turned in response to issues of race and ethnicity, and demonstrates how racial and ethnic categories continue to affect contemporary property law. New to the 2nd Edition: New frames to understand the relationship of property law and social identity: social identity, dispossession, disruption and reordering, place, space and social identity, and repair. A wider range of social identities, including race, gender, sexual orientation, marital status, and citizenship status. New material to the Black Lives Moment including material on debates over memorials, reparations, and transportation. New material on the Asian-American experience related to property law including the migration of Asian-Americans, the barriers to property ownership for Asian-Americans, and citizenship status for Asian-Americans. Expanded discussion of Native American and tribal identity, including a consideration of the status of Native Hawaiians, and the status of Black members of tribal entities. Comparative and international law materials in property law including Haiti, South Africa, the European Union, and Australia. Different approaches to social identities, including critical race theory, progressive property theory, and social and political history. New material on neighborhood, space and place, including material related to highway expansion and blight. Benefits for instructors and students: A rich selection of cases that explore the relationship between citizenship, social identity, status, and property interest, including Dred Scott v. Sandford, United States v. Singh, and Oyama v. California. A critical look at how the law of dispossession was shaped by contact and conquest of Native Americans and enslavement of Black people, and the efficacy and fairness of traditional property concepts as applied to minority or cultural requirements: An exploration of how reorganization of property systems facilitates both social disruption and reordering, including The Haitian Constitution of 1801 and Moore v. Cleveland A consideration of how property law can be used to rectify or repair currently existing inequality, including removal of statutes, land partition, and recent responses to Black Lives Matter Insightful analysis of federal civil rights statutes and their implications for environmental justice, housing, and civil rights law through the “space” of neighborhood. Statutory interpretation, provocative scholarship, and discussion questions that fuel legal inquiry and promote class discussion.


Book Synopsis Integrating Spaces by : Kali N. Murray

Download or read book Integrating Spaces written by Kali N. Murray and published by Aspen Publishing. This book was released on 2023-09-15 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Integrating Spaces: Property Law and Social Identity, Second Edition, provides a dynamic social, historical, and doctrinal context for understanding property law. With historical perspective and doctrinal analysis, it maps the directions in which property law has turned in response to issues of race and ethnicity, and demonstrates how racial and ethnic categories continue to affect contemporary property law. New to the 2nd Edition: New frames to understand the relationship of property law and social identity: social identity, dispossession, disruption and reordering, place, space and social identity, and repair. A wider range of social identities, including race, gender, sexual orientation, marital status, and citizenship status. New material to the Black Lives Moment including material on debates over memorials, reparations, and transportation. New material on the Asian-American experience related to property law including the migration of Asian-Americans, the barriers to property ownership for Asian-Americans, and citizenship status for Asian-Americans. Expanded discussion of Native American and tribal identity, including a consideration of the status of Native Hawaiians, and the status of Black members of tribal entities. Comparative and international law materials in property law including Haiti, South Africa, the European Union, and Australia. Different approaches to social identities, including critical race theory, progressive property theory, and social and political history. New material on neighborhood, space and place, including material related to highway expansion and blight. Benefits for instructors and students: A rich selection of cases that explore the relationship between citizenship, social identity, status, and property interest, including Dred Scott v. Sandford, United States v. Singh, and Oyama v. California. A critical look at how the law of dispossession was shaped by contact and conquest of Native Americans and enslavement of Black people, and the efficacy and fairness of traditional property concepts as applied to minority or cultural requirements: An exploration of how reorganization of property systems facilitates both social disruption and reordering, including The Haitian Constitution of 1801 and Moore v. Cleveland A consideration of how property law can be used to rectify or repair currently existing inequality, including removal of statutes, land partition, and recent responses to Black Lives Matter Insightful analysis of federal civil rights statutes and their implications for environmental justice, housing, and civil rights law through the “space” of neighborhood. Statutory interpretation, provocative scholarship, and discussion questions that fuel legal inquiry and promote class discussion.