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Globalisation and the Western Legal Tradition
Recurring Patterns of Law and Authority

£35.99

Part of Law in Context

  • Date Published: February 2008
  • availability: In stock
  • format: Paperback
  • isbn: 9780521688499

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  • What can 'globalisation' teach us about law in the Western tradition? This important new work seeks to explore that question by analysing key ideas and events in the Western legal tradition, including the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the role of law, morality and politics, it looks at the creation of orders which offer the possibility for global harmony, in particular the United Nations and the European Union. It also considers the unification of international commercial laws in the attempt to understand Western law in a time of accelerating cultural interconnections. The title will appeal to scholars of legal history and globalisation as well as students of jurisprudence and all those trying to understand globalisation and the Western dynamic of law and authority.

    • No familiarity with law and other disciplines assumed: clearly expressed for general readership
    • Written by a practising lawyer and therefore reflects practical insights, not just innovative theory
    • Interdisciplinary approach will appeal outside traditional law readership to the general reader and to those with history, sociology, international relations and political science backgrounds
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    Reviews & endorsements

    'Intellectually this is a clear, strongly argued and defensible thesis and is therefore a worthy addition to the Cambridge University Press stable. Beyond that, it is more than just another academic tomb. Liberal references throughout to art, philosophy, religion and of course, history as well as recent popular culture, such as The Simpsons, also make it an interesting read beyond the narrow band of legal scholars who might otherwise be concerned with such a work. I really enjoyed reading this book and highly recommend it.' Law Society Journal

    'This is an intellectually stimulating book exploring key ideas and events in the Western legal tradition to address the role of law, morality and politics in the modern global context. It also considers the reasons for codifying many international commercial practices and codes into laws. This book will appeal to those who have an interest in legal history and jurisprudence and how they impact on globalisation.' Compliance and Regulatory Journal

    'Addressing an audience of members of the legal profession, academia and industry at the launch held at Deacons' Sydney offices, Justice Kirby said that the book should be compulsory reading in all Australian law schools.' Lawyers Weekly

    '… a brave and conscientious effort to mark out a vast field that is certainly in need of mapping. It is likely to be of most interest as a preliminary survey, and also for its pluralistic vision of what law should be and for its thoughtful, incidental insights on regulatory questions. It offers a helpful overview in a crowded literature that has too often avoided any serious concern with the big picture sketched here.' Public Law

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    Product details

    • Date Published: February 2008
    • format: Paperback
    • isbn: 9780521688499
    • length: 376 pages
    • dimensions: 246 x 173 x 20 mm
    • weight: 0.738kg
    • availability: In stock
  • Table of Contents

    Preface
    1. Introduction
    Part I. Towards a Globalist Jurisprudence:
    2. Globalisation and the world revolution
    3. Law and authority in space and time
    Part II. A Holy Roman Empire:
    4. The original European community
    5. Universal law and the Papal Revolution
    Part III. State Formation and Reformation:
    6. Territorial law and the rise of the state
    7. The reformation of state authority
    Part IV. A Wholly Mammon Empire?:
    8. The constricted universalism of the nation-state
    9. The incomplete authority of the nation-state
    10. The return of universalist law: human rights and free trade
    Part V. Competing Jurisdictions: Case Studies:
    11. The twenty-first century European community
    12. International commercial law and private governance
    13. Conclusion.

  • Instructors have used or reviewed this title for the following courses

    • Forensic linguistics
    • International Legal Order: History and Foundations
    • Western Legal Tradition
  • Author

    David B. Goldman, Deacons, Sydney
    Dr. David Goldman is Senior Associate, Deacons, Sydney and Honorary Affiliate, Julius Stone Institute of Jurisprudence, University of Sydney.

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