By Emmanuel Melissaris
ISBN-10: 0754625427
ISBN-13: 9780754625421
"Ubiquitous legislation" explores the potential for figuring out the legislation in dissociation from the kingdom whereas, even as, constructing the stipulations of significant verbal exchange among quite a few legalities. This job is partially methodological and partially important. The e-book argues that the enquiry into the criminal has been biased through the implicit or specific presupposition of the State's exclusivity to a declare to legality in addition to the tendency to make the enquiry into the legislations the duty of specialists, who purport with a view to symbolize the criminal community's commitments in an authoritative demeanour. Very worryingly, the specialists' viewpoint then turns into constitutive of the legislation and parasitic to and distortive of people's commitments. "Ubiquitous legislation" counter-suggests a brand new technique for criminal concept, to be able to now not be in keeping with inflexible epistemological and normative assumptions yet relatively on self-reflection and mutual figuring out and critique, that allows you to identify applicable transformations at the foundation of a commonality. essentially, to ensure that this to be attainable, a major theoretical foundation is important. "Ubiquitous legislation" is going directly to determine the potential of a point of common objectivity with regards to the law's life and content material, for you to neither stifle and foreclose variety nor considerably under-prescribe and under-determine questions of legislations and rightness.
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Extra resources for Ubiquitous Law (Law, Justice and Power)
Sample text
Davies 2005, 109) In what follows I shall devote some time to some theorists who, in one way or another, have taken on the task of legal pluralism as envisaged by Merry and have offered alternative theories of legal pluralism. Namely, I shall refer to Günther Teubner’s (1992) systems theoretical approach to pluralism from the point of view of structural coupling; Boaventura de Sousa Santos’ (1995) account of intertwined legalities; and some more post-modern or critical accounts of legal pluralism such as the ones offered by Desmond Manderson (1996), Margaret Davies (2005), and Martha-Marie Kleinhans and Roderick MacDonald (1998).
Natural law (in all its manifestations), on the other hand, disregards the fact that the law is a social construction constituted by linguistic practices, which ascribe the world of institutional facts their meaning. Once Tamanaha has laid out his critique of mainstream legal theory on the grounds of its methodology, he goes on to propose a way of capturing the concept of law by wedding conceptual and sociological analysis. He subscribes to the two main positivist theses, namely the separation and social sources theses, but qualifies them �������������� See Chapter 1.
According to Ehrlich, State law has mainly a disputeresolving function. What makes ‘living law’ unique is the fact that it prevents people from appealing to State law, since it provides them with more flexible and, importantly, more uncontroversial ways of resolving disputes. Social relations emerge mainly within associations, which have their own regulatory functions (Ehrlich 1936, 58; Cotterrell 1984, 32). What binds the person to the association and in the second instance to society as a whole is the fear of exclusion, since this is usually the sanction for violating a norm of most social groups.