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Vol 21 No 10 Oct/Nov 2016

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Law and Disciplinarity: Thinking Beyond Borders


ISBN13: 9781137034441
Published: December 2013
Publisher: Palgrave Scholarly
Country of Publication: UK
Format: Hardback
Price: £66.00



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In the twenty-first century, traditional legal borders - both geographic and intellectual - have been increasingly contested. Many observers have questioned whether the long-held conceptions of sovereign state boundaries remain salient in a world of technology-accelerated transnational flows of people, capital, and information. Meanwhile, scholars across the social sciences and humanities have begun crossing disciplinary borders in unprecedented ways, co-opting new methodologies and engaging in meaningful and sustained dialogue about the meaning of law in its changing global context. These emerging movements prompt important questions: what are the nature and implications of shifting legal borders? What does the future hold for them? What role do new technologies play in this evolving story?

Law and Disciplinarity: Thinking beyond Borders sets forth to answer these questions by way of distinguished scholars drawn from across a wide range of disciplines, including law, political science, international relations, and communications.

Subjects:
Public International Law, Jurisprudence
Contents:
PART I: INTRODUCTION
1. Thinking beyond Borders: Reflections on Law and Disciplinarity
Robert J. Beck P

ART II: THE NATURE OF INTERNATIONAL LAW AS SUBJECT AND DISCIPLINE
2. The Relative Autonomy of International Law or The Forgotten Politics of Interdisciplinarity
Jan Klabbers
3. Speed Limits and Speed Bumps: The Functions of International Law and its Lack
Kennan Ferguson

PART III: LAW, WARFARE, AND TERRITORIAL BORDERS
4. Cyberwar: Building a Normative and Legal-Based Approach for Cyberdeterrence
Catherine Lotrionte
5. Why Are Failed States' Borders Stable against External Predation?
Tanisha Fazal

PART IV: LAW AND ART IN THE GLOBAL REALM
6.The Movement of Skilled Labor and Knowledge Across Borders
Shubha Ghosh
7. Wikipedia Art: At the Borders of (Wiki) Law, Lawyering, Lobbying and Power
Scott Kildall and Nathaniel Stern

PART V: LAW AND THE CONSTRUCTION OF THE STATE
8. International Law, State Will, and the Standard of Civilization in Japan's Assertion of Sovereign Equality
Douglas Howland
9. Cyberstates?
Peter Sands

PART VI: LAW, THE INTEREST, AND COMMUNICATION
10. Ghosts, Vampires and the Global Shaping of Internet Policy
Monroe E. Price
11. Privacy Protection in the Next Digital Decade: 'Trading Up' or a 'Race to the Bottom?'
Michael Zimmer

PART VII: LAW IN A GLOBALIZED WORLD: A THEORETICAL EXPLORATION
12. Communication, Niklas Luhmann, and the Fragmentation Debate
Friedrich Kratochwil