The World of Rules

"This book takes a stand against the narrowing focus of (German) jurisprudence on state law, rooted in the history of the territorially organised nation state. In the shadow of this tradition, state(-hood) law was only conceived of as state law. However, a gradual decoupling of state and law is obse...

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主要作者: Schuppert, Gunnar Folke
格式: Online
語言:英语
出版: Max Planck Institute for Legal History and Legal Theory 2021
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author Schuppert, Gunnar Folke
author_browse Schuppert, Gunnar Folke
author_facet Schuppert, Gunnar Folke
author_sort Schuppert, Gunnar Folke
collection Directory of Open Access Books
description "This book takes a stand against the narrowing focus of (German) jurisprudence on state law, rooted in the history of the territorially organised nation state. In the shadow of this tradition, state(-hood) law was only conceived of as state law. However, a gradual decoupling of state and law is observable – not least because of globalisation – which inevitably entails a pluralisation of legal regulations. Jurisprudence has to react to this, if it wants to remain relevant. This can happen through a broadening of its horizon towards a more far-reaching “science of regulation”, in order to grasp the increasing “Variety of Rules” adequately. State law remains an important and central type of law, yet it is no longer the sole type. If that is the case, it becomes necessary to analyse the following three spheres: (1) the plurality of normative orders, especially those of non-state character; (2) the plurality of norm producers, from state legislature to transnational networks of regulation; (3) finally, the plurality of norm enforcement regimes, from states’ judiciaries via the judiciary of (international) sport to the exercise of social pressure (e. g. political correctness). Those findings of plurality inevitably lead to the follow-up problem of a redefinition of the concept of law and to the question, which types of law/norms can be identified meaningfully."
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publisherStr Max Planck Institute for Legal History and Legal Theory
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spelling doab-20.500.12854ir-396592025-02-13T11:41:21Z The World of Rules Schuppert, Gunnar Folke Duve, Thomas Vogenauer, Stefan rethinking the concept of law variety of law producers plurality of norm-enforcement regimes normative pluralism Decoupling of state and law thema EDItEUR::N History and Archaeology::NH History::NHB General and world history thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history "This book takes a stand against the narrowing focus of (German) jurisprudence on state law, rooted in the history of the territorially organised nation state. In the shadow of this tradition, state(-hood) law was only conceived of as state law. However, a gradual decoupling of state and law is observable – not least because of globalisation – which inevitably entails a pluralisation of legal regulations. Jurisprudence has to react to this, if it wants to remain relevant. This can happen through a broadening of its horizon towards a more far-reaching “science of regulation”, in order to grasp the increasing “Variety of Rules” adequately. State law remains an important and central type of law, yet it is no longer the sole type. If that is the case, it becomes necessary to analyse the following three spheres: (1) the plurality of normative orders, especially those of non-state character; (2) the plurality of norm producers, from state legislature to transnational networks of regulation; (3) finally, the plurality of norm enforcement regimes, from states’ judiciaries via the judiciary of (international) sport to the exercise of social pressure (e. g. political correctness). Those findings of plurality inevitably lead to the follow-up problem of a redefinition of the concept of law and to the question, which types of law/norms can be identified meaningfully." 2021-02-10T12:58:18Z 2019-04-12 11:45:29 2020-04-01T10:32:24Z 2017 book 1004836 OCN: 1100525909 http://library.oapen.org/handle/20.500.12657/25258 9783944773193 https://directory.doabooks.org/handle/20.500.12854/39659 eng Global Perspectives on Legal History open access image/jpeg image/jpeg image/jpeg image/jpeg n/a n/a n/a n/a https://library.oapen.org/bitstream/20.500.12657/25258/1/GPLH_10.pdf https://library.oapen.org/bitstream/20.500.12657/25258/1/GPLH_10.pdf https://library.oapen.org/bitstream/20.500.12657/25258/1/GPLH_10.pdf https://library.oapen.org/bitstream/20.500.12657/25258/1/GPLH_10.pdf Max Planck Institute for Legal History and Legal Theory 10.12946/gplh10 10.12946/gplh10 478638b4-7e02-4f48-b41d-574a5d2192b4 9783944773193 378 Frankfurt am Main open access
spellingShingle rethinking the concept of law
variety of law producers
plurality of norm-enforcement regimes
normative pluralism
Decoupling of state and law
thema EDItEUR::N History and Archaeology::NH History::NHB General and world history
thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history
Schuppert, Gunnar Folke
The World of Rules
title The World of Rules
title_full The World of Rules
title_fullStr The World of Rules
title_full_unstemmed The World of Rules
title_short The World of Rules
title_sort world of rules
topic rethinking the concept of law
variety of law producers
plurality of norm-enforcement regimes
normative pluralism
Decoupling of state and law
thema EDItEUR::N History and Archaeology::NH History::NHB General and world history
thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history
topic_facet rethinking the concept of law
variety of law producers
plurality of norm-enforcement regimes
normative pluralism
Decoupling of state and law
thema EDItEUR::N History and Archaeology::NH History::NHB General and world history
thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history
url 1004836
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