This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.
This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights...
This book looks at how the multiplicity of formal and informal normative systems that actualize the post-disaster recovery goals of the country's Disaster Risk Reduction and Management Act of 2010...
This book is devoted to the studyof the interplaybetween religious rules and State law. It exploreshow State recognition of religious rules can affect the degree of legaldiversity that is available...
This book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that...