Law and Philosophy Library

Legal Positivism in a Global and Transnational Age

Editors: Siliquini-Cinelli, Luca (Ed.)

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  • 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
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Hardcover 124,79 €
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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 reflect on 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.

About the authors

Dr Luca Siliquini-Cinelli is a Lecturer in the School of Law, University of Dundee.

Table of contents (11 chapters)

Table of contents (11 chapters)
  • Legal Positivism in a Global and Transnational Age: Introduction

    Pages 1-44

    Siliquini-Cinelli, Luca

  • About the Impossibility of Absolute State Sovereignty. The Modern Era and the Early Legal Positivist Claim

    Pages 47-64

    Núñez, Jorge Emilio

  • Taking Legal Positivism Beyond the State: Finding Secondary Rules?

    Pages 65-91

    Collins, Richard

  • New International Legal Positivism: Formalism by Another Name?

    Pages 93-119

    Nicholson, Matthew

  • Legal Positivism as Tekhnē: Postnational Normative Ontology and the Positivist Effectual Temporality

    Pages 123-154

    Siliquini-Cinelli, Luca

Buy this book

eBook 101,14 €
price for Spain (gross)
  • ISBN 978-3-030-24705-8
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 124,79 €
price for Spain (gross)
  • ISBN 978-3-030-24704-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
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Bibliographic Information

Bibliographic Information
Book Title
Legal Positivism in a Global and Transnational Age
Editors
  • Luca Siliquini-Cinelli
Series Title
Law and Philosophy Library
Series Volume
131
Copyright
2019
Publisher
Springer International Publishing
Copyright Holder
Springer Nature Switzerland AG
eBook ISBN
978-3-030-24705-8
DOI
10.1007/978-3-030-24705-8
Hardcover ISBN
978-3-030-24704-1
Series ISSN
1572-4395
Edition Number
1
Number of Pages
IX, 312
Number of Illustrations
1 b/w illustrations
Topics