Law and state in the globalized world : a comparative and conceptual analysis / Surendra Bhandari.

Format:

Book

Author/Creator:

Bhandari, Surendra, author.

Series:

Law, crime and law enforcement.

Law, Crime and Law Enforcement

Language:

English

Subjects (All):

Law--Philosophy.

Law.

State, The.

Globalization.

Comparative law.

Physical Description:

1 online resource (461 p.)

Place of Publication:

New York, [New York] : Nova Publishers, 2015.

Language Note:

English

Summary:

More than at any other time in history, today, law governs us all. As a result, some level of knowledge of the law is becoming increasingly important at all levels. It is especially useful for students of law, international relations, politics, and social sciences. International professionals as well as civil society organizations also benefit from the basic knowledge of law. In the post-war era, it is not only domestic laws, but also international laws that govern our individual rights, duties, and social interactions, including international relations. This is particularly the case in the fields of peace, security, human rights, international crime, environmental protection, and world trade. Moreover, the demand for harmonization between domestic and international law has, in many respects, caused international law to become the main source for the creation and development of domestic law. This book offers a comparative perspective on the basic concepts and ideas about law and state. It was created in response to a number demands. It is written in a simple and comprehensive style so that general readers, law students, paralegals, and students from different social science disciplines can, in a straightforward fashion, all understand the legal concepts, legal philosophy, and law-state relationships in the context of globalization, international cooperation, and the maintaining of the rule of law at the domestic level. This book aims to offer legal knowledge not only to students who are required to study law as an introductory course, but also to general readers on a wider scale. Its treatment is not confined to a particular legal system full of technical jargons, but rather explains general legal principles applicable to different legal systems in a non-technical manner, allowing the reader to understand the basic legal concepts from a general standpoint.

Contents:

LAW AND STATE IN THE GLOBALIZED WORLD A COMPARATIVE AND CONCEPTUAL ANALYSIS ; LAW AND STATE IN THE GLOBALIZED WORLD A COMPARATIVE AND CONCEPTUAL ANALYSIS ; CONTENTS ; PREFACE ; ACRONYMS ; Chapter 1 THE NATURE AND RELATIONSHIPS BETWEEN LAW AND STATE ; 1.1. BACKGROUND ; 1.2. WHAT IS LAW? ; 1.3. LAW AND STATE: HOW DO THEY INTERACT?; 1.4. HOW DOES LAW OPERATE? ; 1.4.1. The Fact-Law Dichotomy ; 1.4.2. To Test the Validity ; 1.4.3. The Scope of Rights and Duties ; 1.4.4. Conceptual Legal Coherence ; 1.4.5. Safeguarding the Public Interest

1.5. HOW DOES LAW REGULATE HUMAN BEHAVIORS? HOW DOES HUMAN BEHAVIOR INFLUENCE LAW? 1.6. HOW DO JURISTS EXPLAIN LAW? ; 1.7. CLASSIFICATION OF LAW ; 1.7.1. Classification of Law Based on Jurisdiction ; 1.7.2. Classification of Law Based on the Nature of Law; 1.7.3. Classification of Law Based on Scope ; 1.7.4. Classification of Law Based on Rights ; 1.7.5. Classification of Law Based on Hierarchy ; 1.8. DOMESTIC AND INTERNATIONAL LAW ; 1.9. SUMMARY ; 1.10. FURTHER READING; Chapter 2 LAW MAKING, ITS SOURCES AND THE ROLE OF STATE ; 2.1. INTRODUCTION ; 2.1.1. What does "Sources of Law" Mean?

2.1.2. Are All Sources of Law Equal in Authority? 2.2. LAW AND ITS SOURCES: IS THERE ANY DISTINCTION? ; 2.3. CONCEPTS, PROCESSES, AND LAW ; 2.3.1. Concept ; 2.3.2. Legislation ; 2.3.3. Precedent ; 2.3.4. Treaty ; 2.3.5. Custom ; 2.3.6. Legal Principles ; 2.3.7. Legal Writings ; 2.4. SUMMARY ; 2.5. FURTHER READING ; Chapter 3 LAW, LEGAL SYSTEMS, AND LEGAL FAMILIES: SYNCHRONIZING IN THE GLOBALIZED WORLD; 3.1. INTRODUCTION ; 3.1.1. Existence ; 3.1.2. Unity ; 3.1.3. Administration ; 3.1.4. Membership ; 3.2. SOME BASIC ISSUES ABOUT LEGAL SYSTEMS ; 3.2.1. Legislation

3.2.2. Administration of Law 3.2.3. Peaceful Settlement of Disputes ; 3.2.4. Stable Legal Principle ; 3.2.5. Legal Actors; 3.2.6. International Cooperation ; 3.3. CIVIL LAW SYSTEM ; 3.4. COMMON LAW SYSTEM ; 3.4.1. Adversarial v. Inquisitorial Features ; 3.4.2. Influence of Positivism ; 3.5. ISLAMIC LEGAL SYSTEM ; 3.6. SOCIALIST LEGAL SYSTEM ; 3.7. THE JAPANESE LEGAL SYSTEM ; 3.8. SUMMARY ; 3.9. FURTHER READING ; Chapter 4 FUNDAMENTAL LEGAL CONCEPTS: THE DISTINCTIVE FEATURES OF LAW; 4.1. INTRODUCTION ; 4.2. Are there Any Moral or Natural Rights? ; 4.3. Foundational Legal Concepts

4.3.1. Perfect and Imperfect Rights 4.3.2. Positive and Negative Rights ; 4.3.3. Right in Rem and Right in Personam ; 4.3.4. Proprietary and Personal Rights ; 4.3.5. Rights in re Propria and Rights in re Aliena ; 4.3.6. Principal and Accessory Rights ; 4.3.7. Primary and Sanctioning Rights ; 4.3.8. Legal and Equitable Rights ; 4.3.9. Vested and Contingent Rights ; 4.4. ENTITLING CONCEPTS ; 4.4.1. Ownership and Possession ; 4.4.2. Legal and Natural Person ; 4.4.3. Titles ; 4.4.4. Liability; 4.4.5. Substantive and Procedural Law ; 4.4.6. Jurisdiction and Legal Remedies ; 4.4.7. Sovereignty

4.5. FORMATIVE CONCEPTS

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-63483-457-7