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In: The heritage of sociology
In: Proceedings of the ASIL Annual Meeting, Band 110, S. 64-68
ISSN: 2169-1118
In: Socio-economic review, Band 9, Heft 2, S. 385-390
ISSN: 1475-1461
In this response to John Campbell, Glenn Morgan and Gregory Shaffer's comments as part of a symposium on Terence C. Halliday and Bruce G. Carruthers' book, Bankrupt: Global Lawmaking and Systemic Financial Crisis, Halliday offers a further explication of the scope of the recursivity of law as an explanatory framework for the analysis of globalization, law and markets. Adapted from the source document.
In: Cambridge studies in law and society
"Illiberal political societies come with varieties of labels - absolute monarchies, military dictatorships, authoritarian or totalitarian politics, Big Man regimes, or dual states. Yet they share key features in common - little or no restraint on arbitrary executive power, most especially as it is exercised through military, police and security apparatuses; law that is distorted and circumscribed and ultimately ineffectual in its protections of individuals and organizations offensive to the ruling power; little space for voices to speak freely about their rulers, their qualities of life, or their circumstances in times and places and organizations of their own choosing; severely constricted notions of rights-bearing citizens beyond those granted or withdrawn by the rulers themselves; and precariousness of property ownership, among others"--
In: Cambridge studies in law and society
In: Cambridge studies in law and society
This book offers a path-breaking, empirically-grounded theory that reframes the study of law and society. It shifts research from a predominantly national context to one that places transnational, national and local lawmaking and practice within a single, coherent, analytic frame. By presenting and elaborating a new concept, transnational legal orders, Halliday and Shaffer present an original approach to legal orders that affect fundamental economic and social behaviors. The contributors generate arrays of hypotheses about how transnational legal orders rise and fall, where they compete and cooperate, and how they settle and unsettle. This original theory is applied and developed by distinguished scholars from North America, Europe and Asia in business law (taxation, corporate bankruptcy, secured transactions, transport of goods by sea), regulatory law (monetary and trade, finance, food safety, climate change), and human rights law (civil and political rights, rule of law, right to health/access to medicines, human trafficking, criminal accountability of political leaders)
In: Comparative constitutional law and policy
In: Oñati international series in law and society
In: China perspectives: Shenzhou-zhanwang, Heft 1, S. 65-73
ISSN: 2070-3449, 1011-2006
What does the rule of law mean in the Chinese context? Based on empirical research in Beijing and Hong Kong, this article examines the various ways politically liberal lawyers in China make sense of the rule of law in their discourses and collective action. Although the rule of law is frequently invoked by lawyers as a legitimating discourse against the authoritarian state, its use in practice is primarily for instrumental purposes, as both a sword and a shield. For activist lawyers in Beijing, the pursuit of judicial independence is nothing but a distant dream involving a restructuring of the state, and they therefore focus their mobilisation for rule of law around basic legal freedoms and the growth of civil society. By contrast, Hong Kong lawyers hold the autonomy of their judiciary as a paramount value mainly because it is a powerful defensive weapon against Beijing's political influence. The rule of law as a shield is only effective where its institutional and normative foundations are solid (as in Hong Kong), and it becomes little more than a blunt sword for lawyers where such foundations are weak or missing (as in mainland China). (China Perspect/GIGA)
World Affairs Online
In: Regulation & governance, Band 7, Heft 3, S. 279-298
ISSN: 1748-5991
AbstractWho governs in the international organizations (IOs) that promulgate global norms on trade and commercial law? Using a new analytic approach, this paper focuses on previously invisible attributes of a global legislature – the state and non‐state delegations and delegates that create universal norms for international trade and commercial law through the most prominent trade law legislature, the UN Commission on International Trade Law (UNCITRAL). Based on ten years of fieldwork, extensive interviews, and unique data on delegation and delegate attendance and participation in UNCITRAL's Working Group on Insolvency, we find that the inner core of global trade lawmakers at UNCITRAL represent a tiny and unrepresentative subset of state and non‐state actors. This disjunction between UNCITRAL's public face, which accords with a global norm of democratic governance, and its private face, where dominant states and private interests prevail, raises fundamental questions about legitimacy and efficacy of representation in global lawmaking.
In: Socio-economic review, Band 8, Heft 1, S. 77-112
ISSN: 1475-147X
This paper focuses on a largely neglected aspect of legitimation in international organizations (IOs)-the rhetorical work done by IO scripts as a legitimation strategy of IOs. Based on extensive research within regional and global IOs, we demonstrate four aspects of rhetorical legitimation. First, IO texts draw upon a finite repertoire of rhetorical devices (a) to propagate legitimation strengths of an IO, (b) to amplify or compensate for legitimation weaknesses and (c) to express rhetorical repertoires which convey their own intrinsic merits. Second, configurations of rhetorical devices in IO texts are affected by temporal contexts, such as exogenous shocks and the historical sequencing of IO norm production. Third, the negotiation of relations of IO interdependency including competition and cooperation, are partly signaled and managed through the rhetorical repertoires of IO products. Fourth, texts have their own properties, formal and substantive, that are crafted to persuade domestic law-makers. Adapted from the source document.