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Jan 22, 2013 · But the legal system exists in an unbounded state space where the possibilities enabled by legal institutions cannot be predicted ahead of time. ... As the legal system expands its diversity ...
- Caryn Devins
elf-determined) legal traditions.I here propose to try to diffuse that apparent opposition by offering an account of the legal system as (intellectually self-determined) tradition that is nonetheless consisten. with the Westphalian conception. As aptly formulated by Horatia Muir Watt, the question addressed.
Analyze how different judicial systems operate. 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 ...
- 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...
Jan 20, 2019 · 1. Introduction. Long rejected in legal studies, the term legal pluralism has seen a remarkable rise of interest since the turn of the century. Now legal pluralist approaches both reflect and produce new perspectives on the role of the state in plural legal orders. This article focuses on the role of state law and discusses significant stages ...
- Keebet von Benda-Beckmann, Bertram Turner
- 2018
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 ...
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Nov 7, 2022 · And the continuity of a municipal legal system may be more fundamental than its continuity as a particular state legal system, such that the individuation of a municipal legal system over time could well transcend a particular state or states as whose law it operates.33 So there is good reason to broaden our observations and analysis beyond state (and other similarly independent) legal systems.
