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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.
Nov 29, 2022 · Presents legal geography as an “interdisciplinary intellectual project.”. It traces legal geography through three phases: (1) an initial turn to understand the relationship between law and space, (2) the Critical Legal Studies (CLS) movement, and (3) the creation of legal geography as a “third field,” in which anthropologists, political ...
Jan 1, 2024 · The supposedly robust moral intuitions that inform people's interactions with boundaries are not always exclusionary. Drawing from the sharp distinction between the heterogeneity of the empirical record and the studied simplicity of Merrill and Smith's account, my second goal is to make some broader claims regarding property and the boundary.
Mar 24, 2020 · The relationship between people and land is not simply assumed: rather, an account is given of the inter-relationship between group culture and land. People who inhabit a certain territory shape the land that they occupy; their culture is mixed with the physical characteristics of the land, and the physical characteristics shape the culture that they develop.
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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 ...
