Editors:
- Fills and important void in literature
- Features contributions by global and transnational legal theorists based at leading institutions in North America, Continental Europe, and Anglophone countries
- Diverse themes and perspectives inscribed within a clear and overarching line of inquiry and common conceptual framework
- Features contextualised accounts of theoretical as well as applied legal philosophy
Part of the book series: Law and Philosophy Library (LAPS, volume 131)
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Table of contents (11 chapters)
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Front Matter
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Legal Positivism, the State, and International Legal Theory
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Front Matter
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Legal Positivism and Social Practices
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Front Matter
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Beyond Legal Positivism?
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Front Matter
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About this book
A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism.
Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflecton whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.
Editors and Affiliations
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School of Law, University of Dundee, Dundee, UK
Luca Siliquini-Cinelli
About the editor
Bibliographic Information
Book Title: Legal Positivism in a Global and Transnational Age
Editors: Luca Siliquini-Cinelli
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/978-3-030-24705-8
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2019
Hardcover ISBN: 978-3-030-24704-1Published: 12 September 2019
Softcover ISBN: 978-3-030-24707-2Published: 12 September 2020
eBook ISBN: 978-3-030-24705-8Published: 30 August 2019
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: IX, 312
Number of Illustrations: 1 b/w illustrations
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Human Rights, Political Theory