9781316337325 (ebook) 9781107116405 (hardback) 9781107538542 (paperback)
Law in context.
Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory.
Title from publisher's bibliographic system (viewed on 11 Nov 2015).
Formatted Contents Note
An intellectual journey with William Twining : an interview / Manuel Atienza, and Raymundo Gama Resituating Twining's discovery of Bentham's fragment on 'torture' amidst the twenty-first century CE 'terror wars' / Upendra Baxi Human rights and traditional values / Christopher McCrudden Southern voices in transitional justice : a critical reflection on human rights and transition" / Fionnuala Ni Aolain Human rights and Latin American southern voices / Oscar Guardiola-Rivera Towards a socio-legal theory of indignation / Boaventura de Sousa Santos Towards a cosmopolitan pluralist theory of constitutionalism / Gavin W Anderson The state and constitutionalism in post-colonial societies in Africa / Yash Ghai, and Jill Cottrell Comparative law, rights, and the environment / John McEldowney Homage and heresy from a licensed subversive : theorizing paradigm change in transnational economic regulation / Jane Kelsey Digital thoughtways : technology, jurisprudence, and global justice / Abdul Paliwala Twining on Llewellyn and legal realism / Frederick Schauer Theorizing as activity : transnational legal theory in context / Peer Zumbansen Does global legal pluralism need a concept of law? / Roger Cotterrell How to do things with legislation, or, 'everything depends on the context' / David Miers How to do things with standards / Jeremy Waldron Glimmers of an awakening within analytical jurisprudence / Brian Z. Tamanaha.