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The Amherst Law, Jurisprudence, and Social Thought

By: Austin Sarat (Editor), Lawrence Douglas (Editor), Martha Merrill Umphrey (Editor)

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Hardcover | 10 December 2010

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The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan vision in which the prejudices or idiosyncrasies of distinctive national traditions would give way to more universalist groundings for law. These alternately dystopian and utopian viewpoints inspire this original collection of essays on law without nations.

This book examines the ways in which the growing internationalization of law affects domestic national law, the relationship between cosmopolitan legal ideas and understandings of national identity, and the intersections of identity and law based on the liberal tradition of jurisprudence and transnational influences. Ultimately, Law without Nations offers sharp analyses of the fraught relationship between the nation and the state--and the legal forms and practices that they require, constitute, and violently contest.

Industry Reviews

"This book is especially noteworthy given the current ascendance of international and regional alliances in global governance. It does an excellent good job of illustrating the reality of legal pluralism, the weakness of legal positivism, and the vitality of so-called non-state law." - Kathleen Moore, University of California, Santa Barbara "There is a great deal of novelty and insight in Law without Nations. The essays push thinking on the subject beyond simple trade-offs between international and national legal systems. The book draws on a dazzlingly diverse array of works and I find the interconnection of the contributors' arguments particularly engaging." - David Mednicoff, University of Massachusetts

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Non-Fiction Law International Law Laws of Specific Jurisdictions Jurisprudence & General Issues Jurisprudence & Philosophy of Law History Regional & National History European History

Contributors	p. xi
Law without Nations: An Introduction	p. 1
Beyond ôBeyond the Stateö: Rethinking Law and Globalization	p. 22
State Law without Its State	p. 66
Law without Nation? The Ongoing Jewish Discussion	p. 101
Western Imperialism and Islamic Law	p. 138
Ethnic Cleansing, Genocide, and Gross Violations of Human Rights: The State versus Humanitarian Law	p. 157
Geertz's Challenge: Is It Possible to Be a Robust Cultural Pluralist and a Dedicated Political Liberal at the Same Time?	p. 185
Index	p. 233
Table of Contents provided by Ingram. All Rights Reserved.

The Amherst Law, Jurisprudence, and Social Thought

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