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The coexistence of multiple and overlapping spheres of legality poses challenges to the concept of legal order. Observations such as a blurred distinction between domestic and international law, as well as between public and private law, hybrid law-making processes, a broadened perception of legal actors, the dissolution of pre-existing boundaries and the creation of novel boundaries in law ...
In simple terms, a "boundary" refers to an imaginary line that marks the limits of a piece of land or property. It helps define where one person's property ends and another's begins. This concept is important in law because it helps prevent disputes between neighbors. For example, if two people own adjacent plots of land, knowing where the ...
Jul 23, 2020 · This chapter rejects both these accounts, which rely on sovereignty and determine the unity of the state in contrast with the outside: aliens, foreign countries, and exceptional legal decisions. The chapter maintains that borders do not divide peoples, geographical spaces, or flows: insofar as they divide, they divide jurisdictions.
Oct 29, 2021 · The kind of map that marks boundaries, the political map, has nothing natural about it: “Traditional theory distinguishes between ‘natural’ and ‘artificial,’ i.e., legal, boundaries; but the boundaries of a State have always a legal character, whether or not they coincidewith such ‘natural’ frontiers, as, for instance, a river or a mountain range” (Kelsen 1945, p. 213; the ...
- Gianfrancesco Zanetti
Jul 9, 2020 · It seems in fact rather evident that the concept of community can be considered among the pivotal points of the authors’ work. We will mainly focus on communities’ borders, multiculturalism and other models of social inclusion, the agency of the individual within a group, freedom and the emerging of dissent, and the concept of trust. 2.
Jul 17, 2022 · In liberal democracies that were British colonies, law constructs the linkages and distinctions between individual and political bodies. Legality re-iterates the form of an ancient construct called the King’s Two Bodies. The legal construction of these bodies ensures that their borders are continuously and perpetually contested and transgressed, and different modalities of power have arisen ...
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Does a boundary belong to a legal space?
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What is a 'border' in international law?
Sep 13, 2019 · Abstract. The chapter aims to provide an overview of the broader context lying at the background of the analyses conducted in this collected volume. It proceeds in three steps. First, it offers a historiography of the notion of the border in international law, from the Roman ages to modernity. It appears that historically the legal concept of ...
