Toward a New Legal Common Sense: Law, Globalization, and Emancipation

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Cambridge University Press, 2002 - Law - 565 pages
There are those who believe that modern society's reliance upon law, politics and science to both regulate and emancipate society has reached a crisis point and can no longer provide answers to current social problems. Toward a New Legal Common Sense engages in a series of sociological analyses of law in order to illustrate the need for a profound theoretical reconstruction of the notion of legality based on locality, nationality and globality. In this way the author shows how developments including suprastate organisations such as the European Union and international human rights law can be given their proper place in the sociology of law, and suggests a new set of social structures that might sustain the emancipatory elements that have disappeared from modern society. This new edition, of a title originally published by Routledge (New York), is part of the acclaimed Law in Context Series, whose aim is to develop broad interdisciplinary perspectives on law. Toward a New Legal Common Sense is written for students taking law and globalisation courses, and political science, philosophy and sociology students doing optional subjects.

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Contents

Chapter
6
Chapter 2
21
Conclusion
82
Chapter 4
99
relationships
122
Chapter 5
163
Europe
207
hegemony
278
the rule of law
335
7
353
8
417
4
436
4
447
upon the possibility of integrating them in broader political
467
indigenous peoples and traditional authorities
475
Bibliography
497

transition
289
The Global Reform of Courts
313
intensity globalization
326

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