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But the legal system exists in an unbounded state space where the possibilities enabled by legal institutions cannot be predicted ahead of time.
Jan 20, 2019 · People may refer to a normative register even if it is not recognized by the state. A focus on the spatial and scalar arrangement of legal pluralism reveals that components from “above” and “below” state law may take effect inside a state territory and interact with state law in various ways.
- Keebet von Benda-Beckmann, Bertram Turner
- 2018
A conception of the legal system under law as jurisprudence in contrast is neither too narrow nor too broad: it accounts for legal systems as plural, yet somewhat unified.
There are five basic types of legal systems in the world. They are civil law, common law, customary law, religious law, and hybrid or mixed systems. Today, mixed or hybrid systems are common. Because each system varies by country, this chapter will focus on the characteristic traits of each kind of system.
- Marx on The State
- State and Law as Superstructure
- Adventures in Relative Autonomy
- State Theory in The Twenty-First Century
Marx’s early writings on the state were formulated as a critique of Hegel’s political and social philosophy. Hegel understood the modern state to be the embodiment of rationality and universality as developed over the course of human history. As such, it was the means by which the social fragmentation caused by narrow conceptions of individual free...
Following Marx’s death in 1883, the systematization of his writings by Engels and Karl Kautsky into a coherent body of thought dovetailed with the rise of the Social Democratic Party in Germany. The predominant approach to law and the state therein was the topological metaphor of the productive “base” consisting of the forces and relations of produ...
The development of Marxist thought on the state following the Russian Revolution, particularly outside the Soviet Union, can be understood as a series of attempts to theoretically ground the possible autonomy of the state and law beyond the “economism” or “scientific socialism” of the Second and Third Internationals. Although these attempts often r...
Reevaluations of the legacy of Marxist debates about the state from the 1990s onward have attempted to forge a more coherent account on the basis of existing theories or else to clarify divisions between these theories.39Bob Jessop, State Theory: Putting the Capitalist State in Its Place (Cambridge: Wiley, 1990); Bob Jessop, The Future of the Capit...
Jul 28, 2016 · A critical scholar may however want to inquire why the state has cast such a spell, and whether there are, or should be, juridical openings for NSAs within the state system. Historicizing the international legal system is a first step in this regard.
People also ask
Should law be recognized by the state?
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Is US legal system a common law system?
Do all legal systems have a normative relationship?
Does non-state law imply a diminishing importance of domestic law?
Oct 30, 2020 · Does state law grow even faster than federal law? If so, are the growth mechanisms similar or different? How do the answers to these questions depend on the allocation of legislative...
