Podcast
Questions and Answers
Which of the following statements is a characteristic of legal centralism?
Which of the following statements is a characteristic of legal centralism?
What lesson does the tulip bubble illustrate about markets?
What lesson does the tulip bubble illustrate about markets?
What became the connection between land and sea orders in the new Jus Publicum Europaeum?
What became the connection between land and sea orders in the new Jus Publicum Europaeum?
What do comparative and global approaches commonly share?
What do comparative and global approaches commonly share?
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What does the 'gold standard' refer to?
What does the 'gold standard' refer to?
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How is Chinese political and legal philosophy characterized?
How is Chinese political and legal philosophy characterized?
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The normative conceptualization of globalization is defined as what?
The normative conceptualization of globalization is defined as what?
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Who authored 'The Geographical Pivot of History'?
Who authored 'The Geographical Pivot of History'?
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What is the main function of the World Trade Organisation (WTO)?
What is the main function of the World Trade Organisation (WTO)?
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Which of the following constitutes the three pillars of Bretton Woods institutionalized multilateralism?
Which of the following constitutes the three pillars of Bretton Woods institutionalized multilateralism?
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When was the Modern State conventionally considered to be born?
When was the Modern State conventionally considered to be born?
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What does the 'Law and Development' earliest background represent?
What does the 'Law and Development' earliest background represent?
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How is natural law typically described in a broad sense?
How is natural law typically described in a broad sense?
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What characterizes the second generation of the 'Law and Development' approach in the early 1980s?
What characterizes the second generation of the 'Law and Development' approach in the early 1980s?
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What aspect is highlighted as a characteristic of the American version of legal realism?
What aspect is highlighted as a characteristic of the American version of legal realism?
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What is the major argument linking law and economics?
What is the major argument linking law and economics?
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According to legal universalism, human rights are characterized by which of the following?
According to legal universalism, human rights are characterized by which of the following?
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What type of law structure characterized Middle Ages Western European law?
What type of law structure characterized Middle Ages Western European law?
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The official absence of the USA created problems for which international organization?
The official absence of the USA created problems for which international organization?
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What was the consequence of the Monroe Doctrine declared in 1823?
What was the consequence of the Monroe Doctrine declared in 1823?
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The influential figures behind the Bretton Woods system include?
The influential figures behind the Bretton Woods system include?
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Study Notes
Legal Centralism
- Key characteristic is not all legal systems belonging to the Western Legal Tradition, nor based on a single natural law conception, nor limited to one geographical area.
Tulip Bubble Lesson
- Markets require external rules (not internal).
Jus Publicum Europaeum
- Connecting link is not the French state, but potentially the Empire.
Comparative & Global Approaches
- Shared characteristic: complex approach to study law, economics, and politics, appearing universalist.
Gold Standard
- A monetary system where the unit is a fixed amount of gold or maintains that value.
Chinese Political & Legal Philosophy
- Focuses on governance/ruling of people ("renzhi").
Normative Conceptualization of Globalization
- Primarily concerned with the rules governing state relationships.
Geographical Pivot of History
- Authored by H. J. Mackinder.
WTO System
- Function: to ensure smooth and predictable trade flow.
Constitutional Chain of Legitimacy
- Originates from the people and is channeled through constitutions.
Bretton Woods Pillars
- IMF, WB, GATT
Comparative Law's Emergence
- Developed in the 19th and 20th centuries, not the 13th century.
Modern State's Birth
- Conventionally associated with the Peace of Westphalia.
Hobbesian Basis of American Constitutionalism
- Focuses on Hobbes, and Locke, particularly Madison (and their Hobbesian aspects).
Second Generation of Law & Development
- Characterized by diverse legal reform projects, moving from state focus to market-oriented policies.
American Legal Realism
- Recognizes the difference between law in action and law in the books (not exclusively positive law).
Economic Consequences of Legal Origins
- Authors adopted a broad conception of legal origin, linking it to social control of economic life.
Law & Development's Origins
- Rooted in Western economies promoting legal reforms in developing countries.
Medieval European Law
- Divided into local ("ius proprium") and transnational ("ius commune") law.
League of Nations & Western Hemisphere
- Problem stems, in part, from the US's official absence and effective presence.
Monroe Doctrine
- Removed the Western Hemisphere from further European land-appropriations.
Natural Law Theories
- Theoretical constructions of normative rules perceived as derived from non-human sources (not simply religious or moral rules).
Bretton Woods Inspirers
- John Maynard Keynes and Henri Dexter White
Legal Universalism
- Human rights have universal application and are not confined to national borders.
Cultural Nature of Laws & Globalization
- Stresses "glocalization" (global and local) alongside globalization.
Scientification of Comparative Law's Culmination
- Likely the great congress of Paris in 1900, possibly other related congresses.
Linking Law & Economics
- Main argument focuses on efficiency dependent on (and likely improved by) democratic institutions.
Authoritarian Regimes & Rule of Law
- Authoritarian regimes rely on legal frameworks, and use law for self-reform.
Globalization's Main Actors
- Market and state.
Pluralist Theories
- Acknowledge and value legal diversity globally, rejecting harmonization.
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Description
This quiz will explore various legal systems, their characteristics, and the interactions of law with economics and politics on a global scale. Key concepts such as the Gold Standard, Chinese Political Philosophy, and the WTO System will be covered, providing a comprehensive understanding of global legal dynamics.
