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Taking up the study of legal education in distinctly biopolitical
terms, this book provides a critical and political analysis of
resistance in the law school. Legal education concerns the complex
pathways by which an individual becomes a lawyer, making the
journey from lay-person to expert, from student to practitioner. To
pose the idea of a biopolitics of legal education is not only to
recognise the tensions surrounding this journey, but also to
recognise that legal education is a key site in which the subject
engages, and is engaged by, a particular structure - and here the
particular structure of the law school. This book explores the
resistance to that structure, including: different ways in which
law's pedagogic structures might be incomplete, or are being fought
against; the use of less conventional elements of cultural
discourse to resist the abstraction of the lawyer in students'
subject formation; the centralisation of queer and feminist
discourses to disrupt the hierarchies of the legal curriculum; the
use of digital technologies; the place of embodiment in legal
education settings, and the impacts of post-human knowledges and
contexts on legal learning. Assembling original, field-defining
essays by both leading international scholars as well as emerging
researchers, it constitutes indispensable resource in legal
education research and scholarship that will appeal to legal
academics everywhere.
Taking up the study of legal education in distinctly biopolitical
terms, this book provides a critical and political analysis of
structure in the law school. Legal education concerns the complex
pathways by which an individual becomes a lawyer, making the
journey from lay-person to expert, from student to practitioner. To
pose the idea of a biopolitics of legal education is not only to
recognise the tensions surrounding this journey, but also to
recognise that legal education is a key site in which the subject
engages, and is engaged by, a particular structure - and here the
particular structure of the law school. This book explores that
structure by addressing the characteristics of the biopolitical
orders engaged in legal education, including: understanding the
lawyer as a commodity, unpicking the force relations in legal
education, examining the ways codes of conduct in higher education
impact academic freedom, as well as putting the distinctly western
structures of legal learning within a wider context. Assembling
original, field-defining, essays by both leading international
scholars as well as emerging researchers, it constitutes
indispensable resource in legal education research and scholarship
that will appeal to legal academics everywhere.
A theme of growing importance in both the law and philosophy and
socio-legal literature is how regulatory dynamics can be identified
(that is, conceptualised and operationalised) and normative
expectations met in an age when transnational actors operate on a
global plane and in increasingly fragmented and transformative
contexts. A reconsideration of established theories and axiomatic
findings on regulatory phenomena is an essential part of this
discourse. There is indeed an urgent need for discontinuity
regarding what we (think we) know about, among other things, law,
legality, sovereignty and political legitimacy, power relations,
institutional design and development, and pluralist dynamics of
ordering under processes of globalisation and transnationalism.
Making an important contribution to the scholarly debate on the
subject, this volume features original and much-needed essays of
theoretical and applied legal philosophy as well as socio-legal
accounts that reflect on whether legal positivism has anything to
offer to this intellectual enterprise. This is done by discussing
whether global and transnational cultural, socio-political,
economic, and juridical challenges as well as processes of
diversification, fragmentation, and transformation (significantly,
de-formalisation) reinforce or weaken legal positivists'
assumptions, claims, and methods. The themes covered include, but
are not limited to, absolute and limited state sovereignty; the
'new international legal positivism'; Hartian legal positivism and
the 'normative positivist' account; the relationship between modern
secularisation, social conventionalism, and meta-ontological issues
of temporality in postnational jurisprudence; the social
positivisation of human rights; the formation and content of jus
cogens norms; feminist critique; the global and transnational
migration of principles of justice and morality; the Vienna
Convention on the Law of Treaties rule of interpretation; and the
responsibility of transnational corporations.
One of the hallmarks of the present era is the discourse
surrounding Human Rights and the need for the law to recognise
them. Various national and supranational human rights instruments
have been developed and implemented in order to transition society
away from atrocity and callousness toward a more just and inclusive
future. In some countries this is done by means of an overarching
constitution, while in others international conventions or ordinary
legislation hold sway. Contract law plays a pivotal role in this
context. According to many, this is done through the much-debated
'civilising mission' of the contract, a notion which itself
constitutes the canon of the Western liberal principle of
'civilised economy'. The movement away from the belief in the
absolute freedom of contract, which reached its zenith in the
nineteenth century, to the principles of fairness and justice that
underpin contract law today, is often deemed to be a testament to
this civilising influence. Delving into the interplay between human
rights policies, constitutional law, and contract law from both
theoretical and practical perspectives, this first volume of a
two-book collection offers a totally new reappraisal of the subject
by gathering a collection of essays written by contract law
scholars from Europe, South Africa, Canada, and Australia. Instead
of providing the reader with a sterile compilation of positivistic
norms and policies on the impact of fundamental rights and
constitutional law issues on contract law's development, the
authors build on their personal experience to analyse specific
topics related to contracting that include a constitutional
dimension. The book fills an important void in comparative law
scholarship and in so doing represents the starting point for
further debate on the subject.
One of the hallmarks of the present era is the discourse
surrounding Human Rights and the need for the law to recognise
them. Various national and supranational human rights instruments
have been developed and implemented in order to transition society
away from atrocity and callousness toward a more just and inclusive
future. In some countries this is done by means of an overarching
constitution, while in others international conventions or ordinary
legislation hold sway. Contract law plays a pivotal role in this
context. According to many, this is done through the much-debated
'civilising mission' of the contract, a notion which itself
constitutes the canon of the Western liberal principle of
'civilised economy'. The movement away from the belief in the
absolute freedom of contract, which reached its zenith in the
nineteenth century, to the principles of fairness and justice that
underpin contract law today, is often deemed to be a testament to
this civilising influence. Delving into the interplay between human
rights policies, constitutional law, and contract law from both
theoretical and practical perspectives, this first volume of a
two-book collection offers a totally new reappraisal of the subject
by gathering a collection of essays written by contract law
scholars from Europe, South Africa, Canada, and Australia. Instead
of providing the reader with a sterile compilation of positivistic
norms and policies on the impact of fundamental rights and
constitutional law issues on contract law's development, the
authors build on their personal experience to analyse specific
topics related to contracting that include a constitutional
dimension. The book fills an important void in comparative law
scholarship and in so doing represents the starting point for
further debate on the subject.
A theme of growing importance in both the law and philosophy and
socio-legal literature is how regulatory dynamics can be identified
(that is, conceptualised and operationalised) and normative
expectations met in an age when transnational actors operate on a
global plane and in increasingly fragmented and transformative
contexts. A reconsideration of established theories and axiomatic
findings on regulatory phenomena is an essential part of this
discourse. There is indeed an urgent need for discontinuity
regarding what we (think we) know about, among other things, law,
legality, sovereignty and political legitimacy, power relations,
institutional design and development, and pluralist dynamics of
ordering under processes of globalisation and transnationalism.
Making an important contribution to the scholarly debate on the
subject, this volume features original and much-needed essays of
theoretical and applied legal philosophy as well as socio-legal
accounts that reflect on whether legal positivism has anything to
offer to this intellectual enterprise. This is done by discussing
whether global and transnational cultural, socio-political,
economic, and juridical challenges as well as processes of
diversification, fragmentation, and transformation (significantly,
de-formalisation) reinforce or weaken legal positivists'
assumptions, claims, and methods. The themes covered include, but
are not limited to, absolute and limited state sovereignty; the
'new international legal positivism'; Hartian legal positivism and
the 'normative positivist' account; the relationship between modern
secularisation, social conventionalism, and meta-ontological issues
of temporality in postnational jurisprudence; the social
positivisation of human rights; the formation and content of jus
cogens norms; feminist critique; the global and transnational
migration of principles of justice and morality; the Vienna
Convention on the Law of Treaties rule of interpretation; and the
responsibility of transnational corporations.
This second volume on the constitutional dimension of contract law
explores this increasingly relevant subject in jurisdictions that
are usually overlooked by mainstream scholarship in the
English-speaking world. With chapters on Finland and other Nordic
Countries from a comparative perspective, Spain, Japan, Somalia,
Nigeria, Brazil, and Peru, the contributions presented here offer
much-needed, context-informed insights on whether - and if so, why,
how and to what extent - the development of contract law is being
influenced by constitutional values and fundamental rights issues
(or vice-versa). The book represents a valuable addition to
comparative law literature on the interplay between public (i.e.,
constitutional) and private (i.e., contract) law by revealing the
inner dynamics through which these two branches interact and (at
times) inform each other, whilst also enhancing our understanding
of the law's nature, function, and transformative potential at the
macro, meso, and micro levels.
This second volume on the constitutional dimension of contract law
explores this increasingly relevant subject in jurisdictions that
are usually overlooked by mainstream scholarship in the
English-speaking world. With chapters on Finland and other Nordic
Countries from a comparative perspective, Spain, Japan, Somalia,
Nigeria, Brazil, and Peru, the contributions presented here offer
much-needed, context-informed insights on whether - and if so, why,
how and to what extent - the development of contract law is being
influenced by constitutional values and fundamental rights issues
(or vice-versa). The book represents a valuable addition to
comparative law literature on the interplay between public (i.e.,
constitutional) and private (i.e., contract) law by revealing the
inner dynamics through which these two branches interact and (at
times) inform each other, whilst also enhancing our understanding
of the law's nature, function, and transformative potential at the
macro, meso, and micro levels.
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