By David B. Goldman
ISBN-10: 0511480423
ISBN-13: 9780511480423
ISBN-10: 0521688493
ISBN-13: 9780521688499
What can 'globalisation' train us approximately legislation within the Western culture? this significant new paintings seeks to discover that question through analysing key rules and occasions within the Western felony culture, together with the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the position of legislations, morality and politics, it appears on the construction of orders which provide the chance for worldwide concord, specifically the United countries and the ecu Union. It additionally considers the unification of foreign advertisement legislation within the try to comprehend Western legislation in a time of increasing cultural interconnections. The identify will attract students of criminal background and globalisation in addition to scholars of jurisprudence and all these attempting to comprehend globalisation and the Western dynamic of legislation and authority.
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Extra info for Globalisation and the Western Legal Tradition: Recurring Patterns of Law and Authority (Law in Context)
Example text
Court rules will refer to service of legal process outside the jurisdiction and the treatment of claims in foreign currencies. Even the most parochial conveyancing manual may contain references to domestic requirements for satisfying, for example in Australia, Foreign Investments Review Board regulations concerning the intrusion of foreign ownership capital into the jurisdiction. Understanding such intrusion requires identifying how the intruder is sifted through universal and particular laws into a category of person with imposed legal attributes, according to the authority underlying the status quo.
27 Who is doing what to whom may not always be clear, in terms of who is benefiting and who is being exploited. Is or are France, the United States, Italy and/or Germany the beneficiary or beneficiaries – or is the rest of the world? Do the durability and comfort of these upstart trousers justify flouting traditional or formal dress? Different answers may be possible and all may offer helpful distinctions. The worldwide spread of, for example, Coca-Cola (sometimes described as ‘Cocacolonisation’), demonstrates, on one view, a neat, uncomplicated picture of a global product.
For example, privacy concerns and cross-border jurisdictional issues. Adopting the demarcation of law into public and private law categories, these technology issues sound of private international law in the international conflicts of laws sense; and also what might be termed international private law as domestic law seeks to regulate the interaction of private interests from outside the jurisdiction with internal private interests. Traditionally, private international laws function as tools for getting things done – for pursuing economic objectives and redressing breaches of socioeconomic norms.