From Transnational Relations to Transnational Laws

Northern European Laws at the Crossroads

Häftad, Engelska, 2016

AvShaheen Sardar Ali,Anne Griffiths,Anne Hellum

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This book approaches law as a process embedded in transnational personal, religious, communicative and economic relationships that mediate between international, national and local practices, norms and values. It uses the concept "living law" to describe the multiplicity of norms manifest in transnational moral, social or economic practices that transgress the territorial and legal boundaries of the nation-state. Focusing on transnational legal encounters located in family life, diasporic religious institutions and media events in countries like Norway, Sweden, Britain and Scotland, it demonstrates the multiple challenges that accelerated mobility and increased cultural and normative diversity is posing for Northern European law. For in this part of the world, as elsewhere, national law is challenged by a mixture of expanding human rights obligations and unprecedented cultural and normative pluralism enhanced by expanding global communication and market relations. As a consequence, transnationalization of law appears to create homogeneity, fragmentation and ambiguity, expanding space for some actors while silencing others. Through the lens of a variety of important contemporary subjects, the authors thus engage with the nature of power and how it is accommodated, ignored or resisted by various actors when transnational practices encounter national and local law.

Produktinformation

Utgivningsdatum2016-11-25
Mått156 x 234 x 18 mm
Vikt453 g
FormatHäftad
SpråkEngelska
Antal sidor340
FörlagTaylor & Francis Ltd
ISBN9781138261068

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Anne Hellum is a Professor of Law in the Department of Public and International Law at the University of Oslo, and co-editor of several books including Human Rights: Plural Legalities and Gendered Realities (Weaver Press, 2007). Shaheen Sardar Ali is a Professor in the School of Law at the University of Warwick, and author of Gender and Human Rights in Islam and International Law: Equal Before Allah, Unequal Before Man? (Kluwer, 2000). Anne Griffiths is a Professor in the School of Law at Edinburgh University and co-editor of books including Spatializing Law: An Anthropological Geography of Law in Society (Ashgate, 2009).

Preface; Transnational Law in the Making, Anne Hellum, Shaheen Sardar Ali, Anne Griffiths; Part I Family Relations, Transnational, National and Local Sites of Contestation; Chapter 1 Syrian Transnational Families and Family Law, Annika Rabo; Chapter 2 Cyber-Stork Children and the NorwegianThe Global Equality Standard meets Norwegian Sameness, Anne Hellum; Chapter 4 Taking What Law Where and to Whom? Legal Literacy as Transcultural ‘Law-Making’ in Oslo, Anne Hellum, Farhat Taj; Part II Transnational Religious Rule: Muslims in the European Diaspora; Chapter 5 Behind the Cyberspace Veil: Online Fatawa on Women’s Family Rights, Shaheen Sardar Ali; Chapter 6 Islamic Jurisprudence and Transnational Flows: Exploring the European Council for Fatwa and Research, Lena Larsen; Chapter 7 Cultural Translations and Legal Conflict: Muslim Women and the Shari’a Councils in Britain, Samia Bano; Part III Transnational Modes of Governance: Family, Market and Media; Chapter 8 Local Responses to National and Transnational Law: A View from the Scottish Children’s Hearings System, Anne Griffiths, Randy F. Kandel; Chapter 9 Business Lawyers in the Age of Globalization – A Comparison of the Situation in Norway and Germany, Knut Papendorf; Chapter 10 Regulating Cyberspace: Modes of Production, Modes of Regulation and Modes of Resistance, Abdul Paliwala; Chapter 11 Post September 11 Legal Regulations of the Hawala System: The Predicament of Somalis in Norway, Sarvendra Tharmalingam, Mohamed Husein Gaas, Thomas Hylland Eriksen; Part IV Transnational Media and Freedom of Expression: Human Rights Paradoxes; Chapter 12 Differing Standards of Free Expression: Clashes of Laws during the Cartoon Controversy?, Elisabeth Eide; Chapter 13 The Globalization of the Insult: Freedom of Expression meets Cosmopolitan Thinking, Thomas Hylland Eriksen;

'This set of highly instructive and insightful case studies of transnational personal, social, religious and economic relations in Northern Europe is at the cutting edge of sociolegal analysis of the ambiguous outcomes of gender, class and status in this age of accelerated mobility of people, technologies and normative systems.' Abdullahi A. An-Na'im, Emory University Law School, USA 'This is an original critical accounting of legal pluralism as nationalist discourse, read in light of new transnational realities across Northern Europe. The regional focus thickens the analysis - in the process unsettling conceptual boundaries, remixing institutions and intimate lives, and deepening the implications for contemporary studies of law and society.' Carol J. Greenhouse, Princeton University, USA