Law's Ethical, Global and Theoretical Contexts
Essays in Honour of William Twining

Examines contemporary perspectives on law through Twining's scholarly work and with a focus on ethical, global and theoretical contexts.

Upendra Baxi (Edited by), Christopher McCrudden (Edited by), Abdul Paliwala (Edited by)

9781107116405, Cambridge University Press

Hardback, published 22 October 2015

426 pages, 1 b/w illus. 1 table
25.4 x 17.8 x 2.4 cm, 0.95 kg

Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory.

1. An intellectual journey with William Twining: an interview Manuel Atienza and Raymundo Gama
Part I. Human Rights: 2. Resituating Twining's discovery of Bentham's fragment on 'torture' amidst the twenty-first-century CE 'terror wars' Upendra Baxi
3. Human rights and traditional values Christopher McCrudden
4. Southern voices in transitional justice: a critical reflection on human rights and transition Fionnuala Ní Aolaín
5. Human rights and Latin American southern voices Oscar Guardiola-Rivera
Part II. Globalizations: 6. Towards a socio-legal theory of indignation Boaventura de Sousa Santos
7. Towards a cosmopolitan pluralist theory of constitutionalism Gavin W. Anderson
8. The state and constitutionalism in post-colonial societies in Africa Yash Ghai and Jill Cottrell
9. Comparative law, rights and the environment John McEldowney
10. Homage and heresy from a licensed subversive: theorising paradigm change in transnational economic regulation Jane Kelsey
11. Digital thoughtways: technology, jurisprudence, and global justice Abdul Paliwala
Part III. Legal Theory: 12. Twining on Llewellyn and legal realism Frederick Schauer
13. Theorizing as activity: transnational legal theory in context Peer Zumbansen
14. Does global legal pluralism need a concept of law? Roger Cotterrell
15. How to do things with legislation, or, 'everything depends on the context' David Miers
16. How to do things with standards Jeremy Waldron
17. Glimmers of an awakening within analytical jurisprudence Brian Z. Tamanaha
Appendix. A bibliography of William Twining Penelope Twining.

Subject Areas: Jurisprudence & philosophy of law [LAB], Law [L]