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Law's Ethical, Global and Theoretical Contexts
Essays in Honour of William Twining

£22.99

Part of Law in Context

Manuel Atienza, Raymundo Gama, Upendra Baxi, Christopher McCrudden, Fionnuala Ní Aolaín, Oscar Guardiola-Rivera, Boaventura de Sousa Santos, Gavin W. Anderson, Yash Ghai, Jill Cottrell, John McEldowney, Jane Kelsey, Abdul Paliwala, Frederick Schauer, Peer Zumbansen, Roger Cotterrell, David Miers, Jeremy Waldron, Brian Z. Tamanaha, Penelope Twining
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  • Date Published: March 2018
  • availability: Available
  • format: Paperback
  • isbn: 9781107538542

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About the Authors
  • Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory.

    • Provides a straightforward entry route into critical perspectives on law from the Global South, perspectives which are otherwise often ignored or undervalued
    • The comprehensive bibliography of William Twining's work to date will be essential for future research on his life and work
    • Contributions by leading legal philosophers make connections between Twining's work and other traditions in legal philosophy
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    Product details

    • Date Published: March 2018
    • format: Paperback
    • isbn: 9781107538542
    • length: 424 pages
    • dimensions: 255 x 180 x 23 mm
    • weight: 0.83kg
    • contains: 1 b/w illus. 1 table
    • availability: Available
  • Table of Contents

    1. An intellectual journey with William Twining: an interview Manuel Atienza and Raymundo Gama
    Part I. Human Rights:
    2. Resituating Twining's discovery of Bentham's fragment on 'torture' amidst the twenty-first-century CE 'terror wars' Upendra Baxi
    3. Human rights and traditional values Christopher McCrudden
    4. Southern voices in transitional justice: a critical reflection on human rights and transition Fionnuala Ní Aolaín
    5. Human rights and Latin American southern voices Oscar Guardiola-Rivera
    Part II. Globalizations:
    6. Towards a socio-legal theory of indignation Boaventura de Sousa Santos
    7. Towards a cosmopolitan pluralist theory of constitutionalism Gavin W. Anderson
    8. The state and constitutionalism in post-colonial societies in Africa Yash Ghai and Jill Cottrell
    9. Comparative law, rights and the environment John McEldowney
    10. Homage and heresy from a licensed subversive: theorising paradigm change in transnational economic regulation Jane Kelsey
    11. Digital thoughtways: technology, jurisprudence, and global justice Abdul Paliwala
    Part III. Legal Theory:
    12. Twining on Llewellyn and legal realism Frederick Schauer
    13. Theorizing as activity: transnational legal theory in context Peer Zumbansen
    14. Does global legal pluralism need a concept of law? Roger Cotterrell
    15. How to do things with legislation, or, 'everything depends on the context' David Miers
    16. How to do things with standards Jeremy Waldron
    17. Glimmers of an awakening within analytical jurisprudence Brian Z. Tamanaha
    Appendix. A bibliography of William Twining Penelope Twining.

  • Editors

    Upendra Baxi, University of Warwick
    Upendra Baxi is Emeritus Professor of Law in Development, University of Warwick and Emeritus Professor at the University of Delhi.

    Christopher McCrudden, Queen's University Belfast
    Christopher McCrudden F.B.A. is Professor of Human Rights and Equality Law at Queen's University Belfast and William W. Cook Global Law Professor at the University of Michigan Law School.

    Abdul Paliwala, University of Warwick
    Abdul Paliwala is Emeritus Professsor at the School of Law, University of Warwick.

    Contributors

    Manuel Atienza, Raymundo Gama, Upendra Baxi, Christopher McCrudden, Fionnuala Ní Aolaín, Oscar Guardiola-Rivera, Boaventura de Sousa Santos, Gavin W. Anderson, Yash Ghai, Jill Cottrell, John McEldowney, Jane Kelsey, Abdul Paliwala, Frederick Schauer, Peer Zumbansen, Roger Cotterrell, David Miers, Jeremy Waldron, Brian Z. Tamanaha, Penelope Twining

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