Podcast
Questions and Answers
Which statement accurately reflects the themes of globalization?
Which statement accurately reflects the themes of globalization?
- They show continuity from colonialism to the present globalization. (correct)
- They were primarily theoretical and not applicable to real scenarios.
- They are exclusively new and absent in history.
- They are only relevant to the ancient era.
What characterizes legal realism in Scandinavia?
What characterizes legal realism in Scandinavia?
- It was completely based on traditional natural law principles.
- It exhibited a strong ideal of singular legal authority.
- It solely relied on philosophical works of Aristotle.
- It included a diverse range of legal thought and pluralism. (correct)
Which legal instruments are sought for reform in the West today?
Which legal instruments are sought for reform in the West today?
- Human rights and rule of law. (correct)
- Historical legal precedents.
- Corporate law and business rights.
- Property rights and economic regulations.
How does Jonathan Michie view the progress of globalization?
How does Jonathan Michie view the progress of globalization?
What is a significant feature of legal globalization?
What is a significant feature of legal globalization?
What is a characteristic of legal centralism?
What is a characteristic of legal centralism?
What lesson does the tulip bubble teach us?
What lesson does the tulip bubble teach us?
Which entity served as the connecting link in the new Jus Publicum Europaeum?
Which entity served as the connecting link in the new Jus Publicum Europaeum?
What do comparative and transnational approaches have in common?
What do comparative and transnational approaches have in common?
What defines the 'gold standard' in economic terms?
What defines the 'gold standard' in economic terms?
In Chinese political and legal philosophy, what is the classical idea emphasized?
In Chinese political and legal philosophy, what is the classical idea emphasized?
How is globalization normatively conceptualized?
How is globalization normatively conceptualized?
Who is associated with the article 'The Geographical Pivot of History'?
Who is associated with the article 'The Geographical Pivot of History'?
What is the main function of the World Trade Organisation (WTO)?
What is the main function of the World Trade Organisation (WTO)?
What is the correct description of the constitutional chain of legitimacy?
What is the correct description of the constitutional chain of legitimacy?
Which of the following are the three pillars of Bretton Woods institutionalized multilateralism?
Which of the following are the three pillars of Bretton Woods institutionalized multilateralism?
In which centuries did comparative law emerge as an academic sub-discipline?
In which centuries did comparative law emerge as an academic sub-discipline?
When is the Modern State conventionally considered to have been born?
When is the Modern State conventionally considered to have been born?
In his article on American Constitutionalism, whose theories does Professor Coleman primarily discuss?
In his article on American Constitutionalism, whose theories does Professor Coleman primarily discuss?
What characterized the second generation of the 'Law and Development' approach?
What characterized the second generation of the 'Law and Development' approach?
What is a defining characteristic of the American version of legal realism?
What is a defining characteristic of the American version of legal realism?
What stance did Vitoria take regarding discovery as a title of acquisition?
What stance did Vitoria take regarding discovery as a title of acquisition?
What does the Geneva Protocol of 1924 declare regarding aggressive war?
What does the Geneva Protocol of 1924 declare regarding aggressive war?
How did Giambattista Vico characterize the first law?
How did Giambattista Vico characterize the first law?
What do the first divisional lines, referred to as 'rayas', signify?
What do the first divisional lines, referred to as 'rayas', signify?
What best defines colonialism according to the options provided?
What best defines colonialism according to the options provided?
What characterizes hybrid legal systems?
What characterizes hybrid legal systems?
Which treaties did the U.S. refuse to ratify?
Which treaties did the U.S. refuse to ratify?
What ideology underpins current Western legal transplants?
What ideology underpins current Western legal transplants?
What is one key dimension of globalization regarding power and territory?
What is one key dimension of globalization regarding power and territory?
What was the positioning of the 'war guilt article' Article 231 in the Versailles Treaty?
What was the positioning of the 'war guilt article' Article 231 in the Versailles Treaty?
Who were the primary members of the League of Nations?
Who were the primary members of the League of Nations?
What was the outcome of the war between Italy and Ethiopia in 1935-1936?
What was the outcome of the war between Italy and Ethiopia in 1935-1936?
What was the nature of the Paris Peace Conference held in 1918-1919?
What was the nature of the Paris Peace Conference held in 1918-1919?
What new concept of war did Gentili create?
What new concept of war did Gentili create?
Which document reflects the compatibility of the Monroe Doctrine with League principles?
Which document reflects the compatibility of the Monroe Doctrine with League principles?
What type of international crime was established by Article 227 of the Versailles Treaty?
What type of international crime was established by Article 227 of the Versailles Treaty?
What does Kelsen's 'Pure Theory of Law' primarily focus on?
What does Kelsen's 'Pure Theory of Law' primarily focus on?
What best describes the Bretton Woods system?
What best describes the Bretton Woods system?
What is represented by mercantile enterprises such as the VOC and HBC in globalization's history?
What is represented by mercantile enterprises such as the VOC and HBC in globalization's history?
Which statement accurately describes the notion of 'transnational law'?
Which statement accurately describes the notion of 'transnational law'?
What connection is accurately made regarding Adam Smith's economic philosophy?
What connection is accurately made regarding Adam Smith's economic philosophy?
How did Western laws historically relate to the laws of colonized nations?
How did Western laws historically relate to the laws of colonized nations?
What does the concept of 'legal culture' encompass in comparative law?
What does the concept of 'legal culture' encompass in comparative law?
What action did the United States Senate take at the end of the First World War?
What action did the United States Senate take at the end of the First World War?
Flashcards
Legal Centralism
Legal Centralism
A legal ideology that emphasizes the central role of the nation-state in defining and enforcing law, with every legal system confined to a specific geographical area.
Gold Standard
Gold Standard
A monetary system where the value of a currency is directly tied to a fixed amount of gold, ensuring stability.
Renzhi
Renzhi
Refers to the governance of people, emphasizing the importance of leadership and wise rulers in maintaining societal harmony.
Fazhi
Fazhi
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The Geographical Pivot of History
The Geographical Pivot of History
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Jus Publicum Europaeum
Jus Publicum Europaeum
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Tulip Bubble
Tulip Bubble
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Globalization
Globalization
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What is the main function of the WTO?
What is the main function of the WTO?
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Describe the constitutional chain of legitimacy.
Describe the constitutional chain of legitimacy.
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What are the three pillars of Bretton Woods?
What are the three pillars of Bretton Woods?
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When did comparative law evolve as an academic discipline?
When did comparative law evolve as an academic discipline?
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When was the Modern State born?
When was the Modern State born?
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What is the main argument of Professor Coleman's article on American constitutionalism?
What is the main argument of Professor Coleman's article on American constitutionalism?
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What characterized the second generation of 'Law and Development'?
What characterized the second generation of 'Law and Development'?
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What distinguishes the American version of legal realism?
What distinguishes the American version of legal realism?
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Kelsen's Pure Theory of Law
Kelsen's Pure Theory of Law
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Bretton Woods System
Bretton Woods System
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Mercantile Enterprises (VOC, HBC)
Mercantile Enterprises (VOC, HBC)
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Transnational Law
Transnational Law
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Laissez-faire Economics
Laissez-faire Economics
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Transplantation of Western Law
Transplantation of Western Law
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Legal Culture
Legal Culture
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US Senate and the League of Nations
US Senate and the League of Nations
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Legal Globalization
Legal Globalization
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Comparative Law
Comparative Law
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Legal Realism
Legal Realism
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Common Law
Common Law
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Colonialism
Colonialism
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Hybrid Legal Systems
Hybrid Legal Systems
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Universal Values
Universal Values
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Globalization´s impact in legal relationships
Globalization´s impact in legal relationships
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Westphalian Order
Westphalian Order
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Homogenization of Laws
Homogenization of Laws
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Vico's first law
Vico's first law
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US Rejection of League of Nations
US Rejection of League of Nations
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Article 231 of the Treaty of Versailles
Article 231 of the Treaty of Versailles
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The League of Nations
The League of Nations
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Italy's Invasion of Ethiopia (1935-36)
Italy's Invasion of Ethiopia (1935-36)
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The Paris Peace Conference (1919)
The Paris Peace Conference (1919)
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New Concept of War by Gentili
New Concept of War by Gentili
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"Amity Lines" and Religious Conflicts
"Amity Lines" and Religious Conflicts
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Article 227: Personal Responsibility of Kaiser Wilhelm II
Article 227: Personal Responsibility of Kaiser Wilhelm II
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Study Notes
Legal Aspects of Globalization
- Legal Centralism: One characteristic of modernity's legal ideology is that all legal systems stem from the Western Legal Tradition. Each system is based on a specific natural law conception. A single legal system generally corresponds to a single geographical area.
- Tulip Bubble: The "tulip bubble" illustrates that markets need rules established externally; states shouldn't excessively intervene in market matters. Market prices for goods often self-regulate.
- Jus Publicum Europaeum: The connecting link between land and sea orders in this new European legal system was the Island of England.
- Comparative Approaches: Shared aspects of comparative, global, and transnational approaches to law include a complex study of law, economics, and politics, often appearing universal in contrast to traditional state-bound approaches, and the lessened discussion around state-centric laws.
- Gold Standard: The gold standard is a monetary system where the base monetary unit is a fixed amount of gold, or maintains a fixed value relative to gold. Its purpose was to ensure market stability through international taxation.
- Chinese Legal Philosophy: Classical Chinese political and legal philosophy centers around the concept of "renzhi," or governing and ruling men. It is comparable to the common law's "fazhi" which can be roughly translated to rule of law.
- Globalization's Normative Conceptualization: Globalization is essentially defined by the interplay of rule-making systems related to non-state governance, and the set of rules governing inter-state relations. International private law also forms part of this system.
- Halford John Mackinder: Halford John Mackinder is the author of "The Geographical Pivot of History.”
- World Trade Organisation (WTO): The WTO manages global trade rules between countries. Its role is to facilitate smooth, predictable, and free trade flows.
- Bretton Woods Institutions: The three pillars of Bretton Woods multilateralism are the International Monetary Fund (IMF), the World Bank (WB), and the General Agreement on Tariffs and Trade (GATT).
- Comparative Law: As a discipline, comparative law developed in the 19th and 20th centuries as a consequence of private and constitutional law's developments.
- Modern State: The Modern State is conventionally associated with the beginnings of the Peace of Westphalia.
- Law and Development Approach: The second generation of the "Law and Development" approach shifts focus from state-related topics towards market-oriented policy, as seen in many post-socialist countries in the 1980s.
- American Legal Realism: One characteristic of American legal realism highlights the difference between "law in action" and "law in books," acknowledging the varying importance of positive/statutory law. The approach also recognizes that natural law principles are important.
- Economic Consequences of Legal Origins: The authors of this study use the idea of legal origin, emphasizing legal pluralism and the broad social control role of law, which is not limited to economic life.
- Law and Development Background: Law and Development's roots lie in attempts to create international distributive justice, to promote legal reforms in developing countries and to reduce the public debt in some regions.
- Middle Ages European Law: During the Middle Ages, European law was commonly understood as a system combining local, specific laws, with a wider, common legal system.
- Monroe Doctrine: The 1823 Monroe Doctrine declared the Americas (Western Hemisphere) closed to future European colonization, in relation to the League of Nations Charter in 1923.
- Vitoria on Discovery: Vitoria questioned the legitimacy of acquisition in a newly-discovered territory.
- Aggressive War: The 1924 Geneva Protocol addressed declarations of aggressive war as being crimes.
- First Law of Giambattista Vico: The first law for Giambattista Vico was received from heroes and took the form of agrarian laws.
-
Rayas: The first divisions had shared power among a collective authority.
- Colonialism: Colonialism can be defined as moral and religious influence, but also as domination over territories by individuals or groups.
- Hybrid Legal Systems: Hybrid legal systems incorporate elements from various legal traditions; thus, their attributes are often distinct from Western legal systems and exhibit a synthesis or mix of religious and moral concepts.
- Western Legal Transplants: Current Western legal transplants are often based on the idea that universal values exist and need to be applied globally, or alternatively, on the need to respect the existence of various legal systems (legal pluralism) and cultural contexts.
- Globalization's Impact on State-Territory Relationship: Globalization affects the relationship between power and territory, shifting the understanding of international law and state sovereignty. A key element involves law's and economic forces' homogenization across borders and the ongoing presence of inequalities. Some legal traditions and approaches may be seen as stemming from colonialism, and persist into the present.
- Legal Globalization: Legal globalization is characterized by the growth of international migration and financial flows as well as interconnections between various legal and organized activities.
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