scholarly journals Transnational law – a new system of law?

2021 ◽  
Vol 11 (special) ◽  
Author(s):  
Alexandru BOSTAN
Keyword(s):  
Social Space ◽  
Legal Pluralism ◽  
Legal Scholarship ◽  
Republic Of Moldova ◽  
Transnational Law ◽  
Transnational Actors ◽  
State Monopoly ◽  
Lex Mercatoria ◽  
Law Making ◽  
New System

The paper presents the emergence and evolution of the concept of transnational law, from the Philip Jessup’s 1956 novation to the latest approaches, mainly from the western legal scholarship. In the legal writings from Romania or Republic of Moldova, the phenomenon of transnational law remains unexplored or, at best, mentioned incidental as a synonym of a modern “lex mercatoria”. Likewise, in Russian scholarship, research on transnational law bears a strong private imprint and ubiquitous reluctance may be noted. This article aims to discuss, from the perspective of legal pluralism, the loss of the state monopoly in law making, the pluralization of sources of legitimacy for transnational actors, and the reconsideration of the scope of the law, by de-territorializing it. Transnational law is seen thus not just a private regime, but as a system of normative law that transcends international or national law, acts in a distinct social space and addresses specific actors, not only private, but also public or hybrid. In Romanian legal knowledge this approach is missing.

Transnational Art Law—Maps and Itineraries

2021 ◽  
pp. 646-680
Author(s):  
Vik Kanwar ◽  
Jaya Neupaney
Keyword(s):  
Legal Aspects ◽  
Legal Knowledge ◽  
Art World ◽  
Field Of Study ◽  
Transnational Law ◽  
Procedural Law ◽  
Works Of Art ◽  
Production Distribution ◽  
Transnational Actors ◽  
Interdisciplinary Study

This chapter asks how best to frame a field of study called “transnational art law” (TAL). If art law encompasses all legal aspects of the production, distribution, and transaction of art, as well as any other rights and obligations governing art world actors and works of art, then transnational art law is the framework of legal knowledge necessary to understand these relationships and transactions across borders. Following the Transnational Law framework proposed by Philip Jessup in 1956, TAL would not be restricted to public or private, national or international, substantive or procedural law, but intervene in problem spaces involving all of these. It would capture the transnational actors, norms, and processes, the formal and informal interactions that constitute the art world. This chapter sketches TAL in its possible doctrinal, policy, regulatory, and advocacy dimensions, and suggests some openings for interdisciplinary study in particular.

A theory of (research) practice makes sense in sensemaking

2019 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Adriana van Hilten
Keyword(s):  
Social Theory ◽  
Social Space ◽  
Third Party ◽  
Organizational Studies ◽  
Content Type ◽  
Sensemaking Theory ◽  
The Social ◽  
Thinking Tools ◽  
Practical Implications ◽  
New System

Purpose The purpose of this paper is to introduce Bourdieu’s social theory, and its “thinking tools” of habitus, doxa, field and capital, as a sensemaking theory. Design/methodology/approach The emic research studied, for a particular group, the firm-wide implementation of a new system. The study used data occurring naturally in the organization (executive newsletters), and externally (third-party surveys), as well as 23 participant interviews to structure the social space (field) and determine what is of interest (identity). Interviews were coded for habitus, doxa, field, capital, symbolic violence and strategies to re-assert interviewees’ own doxa versus logic imposed by the powerful. Findings A unique, esteemed identity was being erased through executive attempts to introduce a new culture at the firm, and the new systems represented a challenge to this valued identity. Participants used strategies to re-assert their identity through not participating in the logic of the new tool: discussing misuse, lack of use, relative unimportance and low priority of the new tool. Practical implications Change that threatens an esteemed, valued identity is more likely to be resisted. The logic of an established practice or system (beyond merely gathering user requirements) is beneficial in understanding potential reactions to a new system. Change in systems that occur simultaneously with the imposition of a new culture, particularly where the system is seen as being a representation of that imposed culture, may be resisted through non-practice (misuse or lack of use) of the new system. Originality/value The paper demonstrates the applicability of Bourdieu’s social theory to organizational studies, providing a sensemaking of change and acts of resistance.

Leon Petrażycki and contemporary socio-legal studies

2015 ◽  
Vol 11 (1) ◽  
pp. 1-16 ◽  
Author(s):  
Roger Cotterrell
Keyword(s):  
Twentieth Century ◽  
Legal Theory ◽  
The Other ◽  
Historical Background ◽  
Valuable Contribution ◽  
Legal Scholarship ◽  
Legal Studies ◽  
Transnational Law ◽  
The One

AbstractThe work of the Polish–Russian scholar Leon Petrażycki from the early decades of the twentieth century holds a strikingly paradoxical position in the literature of juristic and socio-legal scholarship: on the one hand, lauded as a supremely valuable contribution to knowledge about the nature of law and, on the other, widely neglected and little known. This paper asks how far Petrażycki's theories, expressed in writings by and about him available to an international readership, can provide insight for contemporary socio-legal studies – not as historical background but as living ideas. How far can his work speak to current issues and inform current debates? What obstacles stand in the way of this? Why have few international scholars engaged with his theories despite their rigour and originality? The paper starts from this last issue before addressing the others. It argues that Petrażycki's radical legal theory offers strikingly distinctive resources for rethinking issues about the role of law in multicultural societies, the nature of developing transnational law, and the significance of law as an aspect or expression of culture.

scholarly journals Socialization of an individual: individualism and collectivism as reference points of the transformed society

2020 ◽  
Vol 4 (1) ◽  
pp. 33-47
Author(s):  
Ivan A. Kokh ◽  
Rustam S. Devityarov
Keyword(s):  
Social Space ◽  
Social Institutions ◽  
Radical Change ◽  
Value Orientations ◽  
Reference Points ◽  
Russian Society ◽  
The Social ◽  
Individualism And Collectivism ◽  
The Individual ◽  
New System

The problems of an individual’s socialization have always been relevant, but in the conditions of deep transformation of social institutions of the Russian society, they have become particularly acute and important. The radical nature of the reforms have determined the features of the social state, which consist in the formation of a fundamentally new social reality. The transition to a market economy and consumer society has led to a radical change in the world outlook, values, and value orientations of the population. In these conditions, new approaches to the socialization of the individual, the formation of qualities, and value orientations corresponding to the market society are necessary. The purpose of the article lies in determining the initial principles of human socialization in the changed Russian society based on the analysis of existing approaches in scientific knowledge. For this purpose, the authors have employed the methods of analysis and comparison of existing concepts of socialization. This article presents an analysis of socialization theories of domestic and foreign researchers, analysis of economic and socio-cultural factors in the formation of a new system of values and value orientations in Russian society. The scientific novelty of the article consists in the proposal to consider a balanced combination of individualism and collectivism as the initial principles of personal socialization in the process of forming new values and value orientations of individuals, as well as to consider the socialization of the individual in relation to the socialization of economic relations. The choice of a balanced and harmonious combination of individualism and collectivism as a guideline for the socialization of the individual in the transformed Russian society allows us to build a new system of socialization. This requires new methods of socialization of the individual, new ideological and value content of the social space.

Sources and the Subjects of International Law

2018 ◽  
Author(s):  
Robert McCorquodale
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
Legal Pluralism ◽  
Armed Groups ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Multiple Actors ◽  
Law Making

This chapter explores the range of participants involved in international law-making, including corporations, non-State armed groups, and non-governmental organizations, in addition to States and international organizations. The approach taken in this chapter is that of global legal pluralism, which recognizes that there can be multiple actors participating in a legal system to create law, and which accepts disparities in powers. In addition, the chapter indicates that the terminology of ‘subjects’ is deeply problematic in international law and should be abandoned.

Comparative Law

2019 ◽  
Author(s):  
Uwe Kischel
Keyword(s):  
Islamic Law ◽  
Comparative Law ◽  
Customary Law ◽  
Jewish Law ◽  
Legal Systems ◽  
European Union Law ◽  
Legal Scholarship ◽  
Lex Mercatoria ◽  
Legal Contexts ◽  
General Aspects

This translation of Rechtsvergleichung offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and give a practitioner’s angle on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France as well as case studies of Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), Asian jurisdictions, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.

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